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Devlin Place No. 2 PP 00-025~, ,~ ~- CITY CLERK FILE CHECKLIST Project Name: Devlin Place No. 2 Transmittals to agencies and others: Notice to newspaper with publish dates: Cerfifieds to property owners: Contact Name: Doren Fluke Phone: 376-7330 Date Received from Planning and Zoning Department: Planning and Zoning Level: 0 a Notes: File No. PP-00-025 November 1, 2000 Hearing Date: December 12, 2000 i/- ~ ~'~` 24-Nov-00 and 8-Dec-00 Planning and Zoning Commission Recommendation: ®Approve ^ Deny City Council Level: ® Transmittals to agencies and others: ® Notice to newspaper with publish dates: ® Certifieds to property owners: ^ City Council Action: -, ; Hearing Date: ~~i ~ i ~" 1 'v"~ LG~. i a' ( l and ~„ (C% I I a a- ~ ~ ^ Approve ^ Deny ^ Findings /Conclusions /Order received from attorney on: Findings /Conclusions /Order: ^ Approved by Council: _ ^ Copies Disbursed: ^ Findings Recorded Notes: Development Agreement: ^ Sent for signatures: ^ Signed by all parties: ^ Approved by Council: ^ Recorded: ^ Copies Disbursed: ^ Published in newspaper: ^ Copies Disbursed: Ordinance No. Resolution No. ^ Approved by Council: ^ Recorded: Deadline: 10 days Resokrtiona: Original Res 1 Copy Cert: Mlnutebook Copy Res 1 Copy Cert: City Clerk City Engineer Gity Planner City Attorney Sterkng Codifiers Project File Copy Res/Orgkml Cert: AiM County (CPAs) Appacam (non-CPAs) Recorded Ordmances: Orpinal: MinuteUOOk Copies to: City Cbrt State lax Comm. State Treasurer, AWAOr, Assessor Sterling Codifiera City Attorney City Engkteer Cay Planner Project file Appkcam (If appL) Findings I Orders: Original Minutebook Copies to: Appicam Project file City Engineer City Planner City Attorney " Record Vaption Findings " Recorded Oevebpment Agreements: OrigktatFireproof File Copies to:Appkcam Project fik Cdy Engineer Cily Pbnner City Attorney ,~ MAYOR HUB OF TREASURE VALLEY __ Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY COU CITY OF MERIDIAN (208) 8 2501 NCIL MEMBERS Ron Anderson 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (2~8) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 5, 2000 Transmittal Date: November 6, 2000 Hearing Date: File No.: PP-00-025 December 12, 2000 Request: Preliminary Plat approval of 5.17 acres for 16 building lots and 4 other lots in a proposed R-4 zone By: JUB Engineers Location of Property or Project: Directly south of Devlin Place between Sunburst Subdivsion and Sunnybrook Farms Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 .-~ ^~ REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: -OO- ~.~ RErE O C T 1 7 2000 CITY OF ~IEI~.IllIAN PL.C1NNING & ZOI~~ING I~'.,~~~ ~~~ ~~~ A request for preliminary plat approval must be in the City Clerk s possession~"r~~later®,~ ~ than three days following the regular meeting of the Planning & Zoning Corni~iss~tl~ ~~~ r~~ ~'~'r ". f~, ~~ The Planning and Zoning Commission will hear the request at the monthly meeting 6~~, following the month that the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures.and documentation are received before 5:00 P. M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name ofAnnexation and Subdivision: Devlin Place ~~2 2. General Location: Directly south of Devlin Place, between Su nburst Subdivision and 3. OwIIerSOfReCOrd: Dan Wood/D.W., Inc. Sunnybrook Fargns Address: 13141 W. Bluebonnet Court , ~,ip 83713 Telephone 331-6348 4. Applicant: J-U-B ENGINEERS, Inc., Daren Fluke Address: 250 S. Beechwood ~~201 ~ Zip 83709 Telephone 376-7330 5. Engineer: Gary A. Lee, P.E. /L. S. 1~lrm: J-U-B ENGINEERS, Inc. 6. Name and address to receive City billings- Name: Daren Fluke Address 250 S. Beechwood Avenue, Suite 201, Telephone 376-7330 Boise, ID 83709 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 5.17 2. Number of building lots: 1~ 3. Number of other lots: 4 4. Gross density per acre: 3.09 du/ac 5. Net density per acre: • l0 du ac 6. Zoning Classifications): ' R4 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N/A 8. Does the plat border a potential green belt? No 9. Have recreational easements been provided for? N/A 10. Are there proposed recreational amenities to the City? No Explain 11. Are there proposed dedications of common areas? No Explain ror suture pazksY No Explain 12. What school(s) service the azea? Do you propose any agreements for future school sites? NO Explain 13. Are there any other proposed amenities to the City? No Explain 14. Type of Building (Residential, Commercial, Industrial or combination): Residential 15. Type ofDwelling(s) (Single Family, Duplexes, Multiplexes, other): Single-family 16. Proposed Development features: a. Minimum square footage of lot(s): 8, 019 b. Minimum squaze footage of structure(s): l , 400 c. Are gazages provided for? Yes Square footage: 45n d. Has landscaping been provided for? No Describe: -~ e. Will trees be provided for? No Will trees be maintained? f. Are sprinkler systems provided for? Yes g. Are there multiple units? No Type: Remarks: h. Are there special set back requirements? Nn Explain: i. Has offstreet parking been provided for? Yes Explain j. Value range of property: S29 , 000-532 000 k. Type of financing for development: conventional 1. Were protective covenants submitted? toot at this time Date: 17. Does the proposal land lock other property? No Does it create Enclaves? No STATEMENTS Ola COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewallcs will be five (5) feet in width. 2. Proposed use is in conformance with the City of .Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 9-604 B PRE-APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed 2 l ~~~u Engineers Surveyors Planners Development Narrative Devlin Place #2 September 18, 2000 Applicant & Land Owner Applicant J-U-B ENGINEERS, Inc. Attn: Daren Fluke 250 S. Beechwood Avenue, Suite 201 Boise, Idaho 83709 376-7330 Owner Dan Wood 13141 W. Bluebonnet Ct. Boise, Idaho 83713 Telephone: 331-6348 Fax: 331-6448 Location This project is located immediately south of the existing Devlin Place Subdivision between Sunburst Subdivision and Sunnybrook Farms Subdivision, approximately 300 feet north of Fairview Avenue and 1,300 feet east of Ten Mile Road in Section 2, Township 3 North, Range 1 West. The subject property is comprised of a single tax parcel and contains approximately 5.17 acres of land. The site was annexed into the City of Meridian in 1998 by Ordinance No. 653 and is zoned L-O. Site Overview The site is currently vacant and is surrounded on three sides by residential development. Those developments are all zoned R-4 and contain single-family dwellings on lots of at least 8,000 square feet. There are three existing stub streets providing access to the parcel from the north, east and west. The site is bordered to the west by a 20-foot Nampa- Meridian Irrigation District easement containing an open irrigation ditch. This site was previously approved for an assisted living facility and is encumbered by a development agreement between the previous owner and the City of Meridian (see Prestige Care/Devlin Place Subdivision Development Agreement). Project Overview Rezone The landowner is requesting a rezone from the existing L-O (Limited Office) to R-4 (Low Density Residential). The land is designated as Existing Urban on the Meridian City Comprehensive Plan Land Use Map and is expected to develop with single-family dwellings similar to the surrounding properties. The requested zoning designation complies in all respects with the provisions of the Meridian Comprehensive Plan. Prelimina Plat The landowner wishes to develop the 5.17 acres comprising the property with 19 lots (16 buildable, 3 common lots). The resulting gross density of 3.09 units per acre falls below the 4 units per acre allowed by the R-4 zone and works well for the site. The three common lots accommodate aNampa-Meridian irrigation easement to the west (the existing ditch will be piped to the property line), an ACHD drainage area (Lot 13, Blockl), and a sewer easement to the south (Lot 14, Block 2). C~~ /- ~~.u.B, Engineers Surveyors Planners Project Desi.~n Development Narrative Devlin Place #2 September 18, 2000 Page 2 As designed, the project provides 16 single-family dwelling lots and connects with each of the three existing stub streets to the property. Each of the buildable lots contain at least 80 feet of frontage and 8,000 square feet of area in accordance with the provisions of the R-4 zone and are compatible with surrounding land uses. Meridian Comprehensive Plan The Generalized Land Use Map contained in the Meridian Comprehensive Plan designates the property as Existing Urban. Pertinent policies are found in the land use, transportation, open space and parks, and housing sections of the plan. In general, the site is very well situated for this type of development. The land to the north, east and west is already developed with detached single-farnily dwellings on lots of at least 8,000 square feet, and the parcel immediately south is approved for an assisted living facility. This project will fit seamlessly within the existing neighborhood fabric and road network and is in compliance with the provisions of the Comprehensive Plan pertaining to residential development. Irrigation The developer proposes to the the existing irrigation ditch lying parallel to the western property line for the entire length of the parcel. In accordance with state law, any irrigation water that runs through the property will be left undisturbed and will continue to downstream properties. A pressurized irrigation system will he installed and looped back to a connection with the Devlin Place system to the north. The system will utilize the existing allotment of surface irrigation water to provide irrigation water to the newly created lots. Drainage Due to high seasonal groundwater on the site, drainage will be accommodated through a pond, pre-development overflow and infiltration system located in the northwest portion of the project. In accordance with Storm Water BMP's, the infiltration area will be grassed for pre-treatment of the storm water and for use as open space. Water & Sewer Water and sewer service currently exist on the boundaries of the property and will be extended to serve the development. The sewer line will be extended to serve the property to the south through a 20-foot easement. Fire Service The project is located in the Meridian Fire District. Augmented fire protection will be provided for the project as required by Meridian Fire with installation of public water and fire hydrants. Other Utilities Public utilities, such as power and communications, will be extended underground into the project. U:\dsfldevlin place #2\app letter.doc .~ J-U-B ENGINEERS, Inc. ENGINEERS• SURVEYORS • PLANNERS 250 S. Beechwood Avenue, Suite 201 Boise, ID 83709-0944 208/376-7330 FAX: 208/323-9336 October 17, 2000 Brad Hawkins-Clark City of Meridian 200 E. Carlton, Suite 400 Meridian, ID 83642 RE: Devlin Place #2 Required Submittals Brad: Per your request I am submitting the following information. Please let me know if you need additional information. The required affidavit is attached. The required C, C, Et R's are attached. ~~..~f~;.t With regard to traffic, we anticipate each of the new dwellings to generate 10 trips per day based .~ upon data generated by the Institute of Transportation Engineers. Traffic counts are not available 5~~+>~ for the local roads stubbed to the project site but it seems likely that each of the roads has sufficient capacity to safely accommodate the 160 trips per day generated by this development. Sincerely, J-U-B ENGINEERS, Inc. Daren Fluke, AICP Planning Associate cc: Gary A Lee, P.E./L.S Dan Wood N L ~~ rr i,nr rrrr r ~ ni VICINITY MAP DEVLIN PLACE SUBDIVISION NO. 2 1" = 300' ' S 5 E +RF SU ~ I _ _ I F i r~ - D (J ~ I ~ ~ -~ -~ t~ l "' L S. ~r~!'~ ` ! _EO JF f I C wPVEiYn il~ 3 I~I~ C=~ I KIRK ww So ~s ! _~ ~~~~~ S I ~ _ ' / I 1 w 67r+~~= ~ 41 (7R ~-~z ~ ~ -Y , -f--J __a_____r-J 1-1 ~-_ ; I \ I ~ yt°_ V Z i~ ~1 ~ ~ Z F-y ~~41 - I~~ V Ir~1 '~ ~1 ~~~_ ... ~ ~. M1 =~ \ ~~_ r___1~ ~ V \/ ~' 1 __ ~ _ ~ ~h~ ~~ ~ yr C.w~ ~ a ~~ # `~~ i ~ ~~ nRi ~-f $ ~ ~ `^- e~ \ w 5 C S4q 4.w000 OA ~, -~ ~ r ~_ ~ : ~ncc o~ ~ ~ 1 I ++act s~ v~ a c' T w°~acc _ o~ ~ i i_ i~ ~~~ _ F • .,~u155+ < w wcu. s• ~ ~ x w.rc ~ - `s o~~ ~~~ ~ ~ ti~ ~ ~ ~ r ~~4 ~ ~ ~ ,- ~, ~~~ vti~uR . . ~~5,a„~ ~ N~ ~J¢ i ~ ~ ii F~i i ~ I I ~~~ FMS r~ w .1MM S. ---JJJJI ~ BD 5 ~n ,.»r-f nrE. ,~ ~ CROCEav ~ ..~-__ y ` ~RC. ~. _~ --_ _I w .CRS. ~. . . C. CAE[n ~R ~ ~,e ~ ~ a°ao r a~ _RCEK j I ~~ j ~ ~ ~~ ~, ~~~ w . s.C=-. s- = r ~ ~ ~ ~ v ~ ~ ~ i ~ f i .:,~ ! j --------~-~r-r- ~J f^ i III ~~ ~ ' I ~ I ~ ' ~ I 'F['° k ~ 1 _'~~ `CAC"~5' S• ."Pf_ ~,. _ _ .~ ~- ~I I 1' w ~.~` ~ ~ ~~ \ ,~ ;~~ ~~V ~- __ /'\ 09/14/2000 13:14 4334516 ~~ HOLLAND ADMIN FAX 2 PAGE 02 WARRAN'T'Y DEED For Valuc Rcccived D.D. & F., an Ote~oa GencraI Partnership bereiaaftor referred to as Grantor. does hereby meant, bargain, sell, and convey unto D.W. Inc., as Idaho Corporation hucinaftar referred to ss Grantee. whose currem addreaa is 13141 W. Sluebonnat Ct., Boiea, Idaho 83713 the following desrn'bed premises. to-wit: See legal description attached h~rata and made apart hereof. To HAVE AND TO HOLD the said premises. with their appurtenance: unto the said Grantee, his hens and aaaieas fortvar. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises: that said premiacs are free from all encumbraaccs except current years taxes. levies. and assessments, and except TJ.S. Patent reservations, restrictions, easements of record, and tascmcats visible upon the premicea, and that Grantor will warrant sad defend the acme from ail claims whataocver. Dated: June 12, 2000. D.D. i E'., an Oregon General paztner~hip ocky, Partner a0A CUtlNTY REC~~QER .,. oav~o N~v~ Ro @AISE. ID4H0 ~iRST AMERICAN RECt?Rfl.O - R~Q ST ~~ ~EE,~O~P ,~~~- ,~ is P~ a=20 ! 00047 ! 4~ STATE OFD. ~~~' ..: ;;~~;-Oa•? ~,~ da of June, is the year 2000, before me, a Notary Public is sad for said State, personally aprpeart T ,,~ r5'~-~~ C~ ,known or identified to me to be one of the partners in .•. subs~t-ed sat~,~rtnerstup nas.e to [De toreQoing inscrumcnc, ana acxnowie, _ s [o me ~na~ ne e~ecu[ca Inc wigs ~ said'~aitli~'ahip name. .~_ - - '`...+~ .•. ~.yIIIIII1SS10II CXplrcS. First American Title Company of Idaho 09/14/2000 13:14 4334516, 06!09/00 14:34 FAX 3757303 HOLLAND ADMIN FHn 2 FATCO SBARCH FAT PAGE 03 ~ 002/007 rJ szhibit ~~," 1'h• North saf !••t o! 'Parcel i e! n•eord o! sar•~ ro. leis, reoora•e Jun• li, l!!7 as Zastzusant 1W. !7047432, said Parcel i acing a portion o! the Pest galf of the aontbeast gva=ter o~ tL• aouth~rest quarter o! aeetion 2, serarhip 3 !forth, nang• i Rest, o! ta• sei•• ic•riaiaa, a~da CosatT =dano. i ~~~~ Eni,~ineers Sur~~e~~ors Planners Project: 11687-01 Date: August 28, 2000 PARCEL DESCRIPTION PRELIMINARY PLAT BOUNDARY RESIDENTIAL A parcel of land being a portion of the Southwest'/, of Section 2, T.3N., R.1W., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap marking the Southwest corner of Section 2, T.3N., R.1 W., B.M., Ada County, Idaho; thence South 88°38'31" East, 1,326.75 feet along the Southerly boundary of said Section 2 to a 5/8" iron pin marking the West 1 /16`h corner of said Section 2; thence leaving said Southerly boundary North 00°17'24" East, 344.01 feet along the West 1 /16`h line and also being an extension of the Easterly boundary of Sunburst Subdivision No. 2 as filed in Book 60 at page 5894 of Plats, Records of Ada County, the REAL POINT OF BEGINNING; thence continuing along said 1 /16`h tine and Easterly boundary North 00°17'24" East, 543.00 feet to a 5/8" iron pin marking the Southwest corner of Devlin Place Subdivision as filed in Book 77 at page 8079, Records of Ada County, Idaho; thence leaving said 1 /16`h line and Easterly boundary South 89°42'36" East, 414.65 feet along the Southerly boundary of said Devlin Place Subdivision to a 5/8" iron pin marking the Southeast corner of said subdivision, said pin also being on the Westerly boundary of Sunnybrook Farms No. 1 as filed in Book 44 at page 3609, Records of Ada County; thence leaving said Southerly boundary South 00°17'24" West, 543.00 feet along said Westerly boundary to a point;. thence leaving said Westerly boundary North 89°42'36" West, 414.66 feet to the REAL POINT OF BEGINNING. Said parcel contains 5.17 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. ate. LaM°s ~~~~\ GISTEAFOG9G o ~//5/txj ~o a ~~~~ ~ f OF ~ Q~ DOE H. '~~ LHK:Ihc Lawrence H. Ko°rner, P.L.S. F:\projects\1168Tdescriptions\preliminary plat boundary - residential.doc iSOORCE PLANM~C AND SITE ItivESTiCATIONS 6238 Edgewuer Drive Boix, Idaho d370f (20d) 672-9213 July 24, 2000 Dan Wood Holland Realty, Inc. 4720 W. Emerald Boise, ID 83706 Dear Dan: Two test holes were examined and described on the proposed Devlin Subdivision located in a portion of the SW of Section Z, T.3N., R.1 W., B.M., Ada County, Idaho. Soil physical characteristics and internal drainage conditions were noted and logged on the attached field sheet. The purpose of this investigation was to determine suitability far storm drainage facilities, placement of foundation footings, etc. Free water (water table) was found in both test holes at 44" and 60" depths. PVC pipes were installed in each of the test holes so that water table levels can be measured and recorded. Water table deaths should be measured and recorded at two-week intervals starting August 1'` throu>?h October 15.2000. I expect the water table levels to rise until about the third week in August and then lower when irrigation starts to slow down. When the irrigation water is shut off to canals, about October 2, the water table levels should drop rapidly. To take the measurements, insert a measuring tape to the bottom of the yipe, read depth at the top of the pipe, then subtract the depth that water shows on the tape and also subtract the lea t~ h of Qpe above the ;?round surface. 'The figure you get should be the depth from the ground surface to the top of the water table. Record the figure. I have estimated soil permeability for each soil layer identified (see attached field sheet). These soil permeabilities were estimated on the basis of soil texture, soil structure, density (porosity), and other characteristics of the horizons in the soil profile. Com.-noniy, the percolation rate of a soil is set by the least permeable horizon (layer) in the soil profile. Monitoring the two test holes for water table maximum height will give part of the basis for design of a storm drainage facility that will be acceptable. Soil characteristics including texture, structure, density, clay content, etc., also should be considered in the design (see field notes). If you have any questions about this report, please call me at (208) 672-9213. Sincerely, Glen H. Logan Certified Professional Soil Scientist Z'd iytZ6 - zL9 (80Z)) ue9oj pjouey uaj~ e6~~B0 00 ST daS A L .7 r~"'- Soil Evaluation Evaluation Date 7/24/2000 Requested By Dan Wood, Holland Realty Znc Address 4720 W. Emerald City Boise State Idaho Zip Code 83706 Phone X208) 336-3393 Lot Size See Plat Bedrooms - Parcel Legal Description Devlin_Subdivision - Hart of SW of Section 2, T.3N., R. 1W, B M Ada County Idaho Slope 0-1% Evaluated By Glen H. Logan CPSS Pit TH1 Pit T'H2 0-9" Silt loam (20% clay), 0-10" Very fine sandy platy structure, loam (15% clay), I OYR 3/4, many fine lOYR 3/4, many roots, common fine roou, estimated medium and few permeability 2- coarse roots, 3 ~~~. estimated permeability 2"/hr. ] 0-20" Very fine sandy loam (I 5-20% 9-22" Silty clay loam (30% clay), 1 OYR 3/6 clay), l OYR 4/3 matrix, 7.SYR 5/6 matrix, 7.5YR 5/6 mottles, common mottles, common fine roots, estimated fine, medium and permeability 2"/ltr. coarse roou, estimated 20-26" Gravelly loamy permeability .5- medium sand (<S% 1 ~~~• clay), variegated color, few fine 22-34" Loam (I 5-20% roots, estimated clay), 2.SY 4/4 permeability 15"/hr. matrix, 7.SYR 5/6 and Sib mottles, 26-35" Medium sand (0% common fine, clay), variegated medium and few eolor, few fine coazse roots, roots, estimated estimated permeability 15"/hr. permeability 2"/hr. 35-140" Extremely gravelly 34-138" Extremely gravelly coarse sand (0% loamy coarse sand clay), variegated (<5% clay), color, no roots, variegated color, no estimated roots, estimated pcrmeabiliry 1 S- ermeabili 15"/hr. 20"/hr. Additional Info: TH 1 - Free water (water table) at 44" depth. TH2 - Free water (water table) at 64" depth. E'd bTZ6 - zL9 (BOZ1) ue9o1 pTo~ey uaT9 egZ:80 DO SI daS ..... i ~ ~ i ~ ~ ~ l I I ~ t ~ -I I I ~ ~ _a ~ ~ f r ~ - ~ . r ~ t ~ CONTROL I I ~ I I ~ j ~ I ~I I _ 1 ~1 ~ I f ~- „• I ~ _ I L - ' -------- 01 ~ -~ 'r ! R 1 ~ r -- 1 ~ 1 it i i - FsaIP~H~ _ _ - I I 4.3 4.6 r ,I .-'' ~~' 2 + -~-~ II ~, I --~ ,~ '~ I ' _ _.._ -.~ - - _~ _ _ ..J _~_____) ~, U( ' °~ ~ P N ~ROL U~- ~ ~ b'd bTZ6 - ZL9 [8021) ue9oT pTouey uaT9 e6Z=80 00 ST ~:~ DE .TiV Pi.~rc ~T~ ~ PROPERTY OWNERS WITHIN DEVI.IAI PLACE I~'EIGHl3URHUOD I~AHM VIRGIL L & ASSC)C~pN 2053 N O'WAK WAY UAfIM RHONDA A MI;RID~'J1N ID 83642-0000 2750 W HIGAN S7 N HAV~h COVp WAY MP,RIDIAN ID 83642-000(1 1951 N MAN O'WAR WAY BAREN ERG JASON D & ~ LL~E DUN & BAREN ERCF JULIA D - 2781 W NDTCF C!' LEE SANDRA , MERID AN ID 83642-000() 2768 W IdIGAN S'I' MERIDIAN TD 83642-0000 WITHE~tS DAREN A ~ WITHE JUt TA T COONES JOSEPH G . 2767 W ANT)TCE CRT ~ 2780 W HIGAN S'T M73R1D~AN ID 83642-i1000 MERIDIAN ID 83642-0000 ~ WITHES BRADLEY L NIBLETT DAVII7 U & REBECCA M HEN!) ' RICKSON JENNTf? L 2816 W KANDIC;S tiT MERIDIAN ID 83642.4!:34 2749 DICE ID A MER ~ N iD 83642-4416 SCHOPPP.LREY IllOUGLAS JOHN ~ MOR'T'C ~T pA7'RICIA ANN ~~ JEAN 3513 NE 158TH AVE . 1%3 TODD WAY VANLUUVER WA 98682-7307 11dERIDi~,AN ID 83642-12b6 2644 REBECCA WAY MORRISON R B & M C '1'RUS7 MURRI~ON R' B do M C 'TRUSTEES • 3841 WmODA[ONT DR MERIDI~AIti' ID 83h42-1032 2824 W KA'dDTCE SI' GREER NDY L C:REER USAN L t 958 N NAN U'WAR W.AY MERIDI~-Iv' m R:~/,42-0000 MnSF..R hAVID L rc DIANA S 2857 W NI31CE ST MERIDI. ID 83642139 SUGAI MICHELLE H 1944 N MAN WAR WAY MERIDIAN ID 83642-0000 ASMUSSF..N RICfIARU C: & ASMUSSEN MELISSA 2845 W KANDTC:I=. ST MERIDIAN IT? R3(i42-4130 Gr~RVIN MATTI-~W A ~c GAR~'IN DIANNE B 2808 W KANDICE S'I' hRIDIAN IU 83642-4I3s NAMPA#ac MERIDIAN IRRIGATION DISTRICT 1503 014~I' SUUTH ST ` NAMFA-•~YD 83651-0000 N HAV$!\1 COVE? VvAY KE;i'R iLEY ROBERT M KFTTHL~Y M 2675 RE~ECCA WAY MERIDI}-N TD 85642-127U i t HEAL DENU1 L 2645 REBECCA WAY MERIDIAN iD 83642-1270 CLEVELrIIv'D RICHARC~ W 6c CLEVELAND T:ARF,N 2K23 W Kr1NDICE ST M r XI.DIAN ID 83642x4139 'I'RUM1lURG STANLEY O & MIIS~?R-2'RUMBURG SUE A 2811 W KANDKE ST AiP.RiDIAN ID 83642-4139 ~aqe ~ ~i i OC `~ . Gy : ; I 2~8 66E 6E~<; Sep- , _ _.:~ ~ : 1 aFhf; P2ge 3 DUPUtS JEFF p CORK CATIiERLNE E I R91 'P.ODD ~1['AY MERIDIAN' ID 83642.1267 271 ] W HIGAIV S1" MERIDIAN Ill 83642-0000 2641 R~?BECC.A WAY MERI 1AN TD 83642-1270 BEST DAWN D 1879 W TODD WAY MNRIDTAN ID 83642-rxxx~ llll&F ' ~ SO1 SE rn1..UMBIA SHURES BLVD STF. 30U VANCOUVER WA 98b61-0000 W CI{ERRY AVE SHEFi$P..LU .f?LLI OT A & SHFFF~LD MARII.YN K 1872 N}T•iAVFN COPE WAY MERII~TAN lD 83642-0000 I-IALSI~Y RUSSF..T. Ti 2751 W`I IIGAN ST MERTT'~iAN ID 83642-0000 +cKUMMENHOEK P AUL R KROM~iENr~Oi?K kZLLY C 273s w~ri1GAN sT MERI~IAN ID 83642-0000 WATSON J ACK R & WAT:SDN LCiRRY A 2638 RI:BEC.GA 1X~AY MERIDIf AN iD 83642.OOOt) SHOEMAKER PFl11oL1P K 2637 •R~Bf? CCA WAY MERIDIAN ID 83642-]27U SHEI.I.NORN JOANNE M 2876 W ?GEMS•T'UNE DR MERIDIAN ID 83642-1194 STUf~1RiWILLIAM k JOANN 2858 W ~EMSTnNF. nR MERIDIAN TD A3642-i i 94 SUNB Y lOMJ~ OWNERS ASSOC INC 3775 C. SS1A S7 BOISE D 83705-2225 W CHE~tRY AVT? W AN N` ST (~I1CLD KEVIN D 8c rIELD GWENDA I. 2s.'i() R~I3ECCA WAY MERII~IAN it} 83642-1268 TETRAULT KENNETH ALIEN & MONICA E 283D W GEMSTONI? DR MERIDIAN ID 83642-1194 LOW CLIN'i' B & MEI.QDY J 2612 W GEMSTONE DR MF..RIDIAN ID 83642-1194 GABBY CHARLES T & GABBY CIiRTS'I'1NE R 2692 REBECCA WAY MERIDIAN ID 83642-1268 BARNETT DORO'CHY A 1865 TODD WAY MERIDIAN iD 83642-1267 WIiITMAN SUF.. C PO BQX 162 ~'ES'I' YLLLUWSTUNE MT 49758-O1b2 2618 REBECCA WAY MARTELLE MARTIN J SG85 COLLiS'I~R DR AOISE ID 83703-3825 258b W MISTY DR LONGO DAVID B & SI IAWNA M 2615 REBECCA WAY i~RIDIAN ID 83642-1160 BEHRENDT DARICI'! 26]2 MISTY DR MERIDIAN ID 83642-1217 GII.BERT ROBERT I. 2891 W C.P..MSTONE DR ML'RIDU,N ID 83642-1195 STRINGr_?R I.AWRLNCL AL.~N & I?vANGELINE N 2843 W GEMSTONE DR MER7I~IAN ID 83642-1195 ~f -:._; __ ~. ~y 20b bbb 66:,4; Sep-15~ 1:14PM; P2ge a-; CARROLL WII.LI~1M R & POINDLxI1?R R1c.1 tAKD I do C.ARRQLL SHIRLEY J _ YUINDEXI'ER CI~IRISTINE I. 1778 I~ MORELLO AV$ 2600 RI?BECCA WAY MYRI151AN ID 83642-1189 MERIDIAN ID 83642-1269 LANCIv EDWARD 1!c DELUY WURTHEN JO$L U & BETTI I, 2613 I~BECCA WAY . 2900 W STEPHANIE CT MERi1~tA_N ID 83642-1160 MF..RIDIAN ID 83642-1182 JUHN~TON TIMOTHY T 1751 N' MORELLO AYE D BAILEY BRUCE R do BAILEY LESLIE J MERI IAN iD 83642.1190 2505 DALTON I.N _, RAISE ID 83704-5518 SCHAT~FER ItUNALD L & 2594 REBI?CCA WAY CItRI iNE ~ 2590 RIrt3ECCA WAY 2611 STY 178 MER IAN ID 83642-121 R DOUDRF.AU YVETTE M 1713 N MORELLO AVE MiJTR ~ARRY H & C_NF..IREL A MERIDIAN iD 83642-2190 2585 Iv~ISTY D8 MF.RII~IAN ID 83642-1220 t WRIG)~R' KETFH K ~ COOP~R RICHARD S & 2599 REBECCA WAY MERIDI AN ID 83642-1160 COOP R G1iYGER L 290WSTEPHANIF. CT KINGSTON 1vgN L7 ~ ML' ,IAN ID 63642.1181 KINGSI'UN t:HRISTIE A 28Y5- W 51'EPHANIE CRT MORCi~N VLCIUF. J MERIDIAN ID 83642-1182 1 T64 N' 1+~iORELI.O A VE MERIDIAN ID 83642-1189 VINES JOHN EDWIN & Kr1THI,YN MARIE PUUL,~AMES I-[OWARD & QUINDA M 1708 N MORELLO AVM 2609 REBECE:A WAY biERIDIA_Ai ID 83642-It89 MERIDi1.A1v' TD 83642-1160 MC,NFES DIrLBERT JOHNS~N C ALDON 8c MCN1?L?S KRISTI JUHNS~N DEL4Rh 2595 REBECCA WAY 2561 MISTY DR N~ERII?IAN ID 83642-0000 MBRID~AN ID 83642-1220 i WIISON t)WAYNE A AND KERN ~C;UTT A JACUBS LISA C 1745 N.}~f0 REI1-O AVE 1693 N MOREII.U AVI! ` ME *.T ID 8.'id<2-0000 ~lERIll1AN ID 8364:-1188 ROSE 1~-R}C:A do TAMARA J 173213 MUR>3LI.U AVE MERIDIAN ID 63542-1189 DELVE}~1. RICHARD D & BF.,I,VE~ CYNTHIA M 2603 R1~BECGA WAY MERIDIAN iI~ 83642-1160 vANSI IUR PATRICIA A 2578 REBIrCCA WAY MERIDIAN ID 83G4Z-1159 BROGAN JOHN R 8c BROGA:\I ALICE K t GIfG N MURLLW AVE MI:RLL7IAN ID 63642-1187 VRBA JEFFREY 1. & JULIE R 2892 W ANN S7 MERIDIAN lll 83642-1177 C'y' i r C'.~-RN~Y CtJR'I'1S D & CARN~Y EIi..EN M 2591 RL1iF.CCA WAY MERTpIA2~ ID 83642-1160 HURS'~' JERKY B do llANETTE 2860 Rt AN TV S1' MERIDL~N•ID 83642-1 ~ 77 i LALK~ BARMY L 1662 MQRELLQ AVE MLRIIDIAI~T TD 83642.1187 s i NAKA~TO WALLACE H & KATHLEEN 2587 I~BECCA WAY MERIDDIAN iD 83642-1160 HiTMP~-1RHY5 LARRY RALPH 2571 BECCA ~X%AY MERIDIAN ID 83642.1160 HEND~'.RSON PHILIP D 1. & LASSIE 2835 W~ANN ST MERIDIAN ID 83642-1178 llUR~E SHAD C i!c DURPLE)ENNY M 2851• ~ ANN ST MERIDIAN ID 83642-1 1 7 8 i sAR131~R}IMMY n 2583 REBECCA WAY MF.RiTaIAN ID 83642-Tt60 BEVTN~Z'UN WILSnN C BE~`INGTON R'TLMA L 2567 REBECCA WAY MERII~IAN TD 63642.OOOC DIANL~A DEBRA S BRADI~URN DAVTT)} 2887 W fANN S"C MERII]4IAN ID 83642-1178 BANS N PENNY L 2865E W~ANN ST MERIDIAN i17 83642-1178 DOTY ALAN M 8c DU'j'Y fiHRIS"IY L 2575 1tEBECGA WAY MERIDIAN ID 83G42-1160 HEICK{KAREN R 6329 DI LU550 DR ELk C`.RUVE CA 9575fux-cxi .~ 2J6 Bb6 c6~~; Sep-1E t:15Ph§; 2579 REA,F;C;(;A WAY D() QUANG THE & THL7Y TIiI 431) f!LLFiURST AVE BALDWIN PARK CA 91706.2853 W CHERRY AVL 1IAVEN COVE HOA INC 3350 AMERICANA TER STF. 200 AOISL ID 837tH-2.502 N TINA MARIE A V F'? SIDPVELOPMENTINC 3350 AMERICANA TER S"I'1? 200 AOISE ID 83706-2SU2 N CLARA AVE N HAVEN COVE AVE RLTYNOLDS CHR[S7INA A 2828 W LERVY CRT ML- RIDIAN 11~ 83642-0000 ADY TAMMY S 2824 W I.I;ROY CT M}?l~Ill1AN ID 8;642-4351 RUSSI PETERJ ar ROSSI STIANNUN M 2634'6 LFROY CT MERIDIAN 1D 83642-4307 EVANS DANIEL MICHAEI. & F.VANS ADARE C 2610 W LF ROY Cd' '~tERTDIAN ID 83642-4307 (;TtT?1I~ L(_1RI L 2812 W LEROY CT MERIDIAN ID 83643-4351 BYING'1'UN DARKEN K 2780 W.LFROY CT MERIDIAN 1D 83642-4350 13R1NKT?RFTOI'F}OI-IN DnUC;LAti 8. BRINKERHOFF JAMI'.1~ 1572 N'HAVPN COVE AVE MERIDIAN ID 83642-4330 S.°IYLES RUBTsftl"1'IiUMAS & SAYI.F..S T.TrANNE L 2580 W LEROY (_T MERIDIAN ID 83642-4307 Fage 5, ~' ~ i, ~t;, . oy: ; 1 PENH ~CKJ PI;NA AMANTHA 1550 N HAVEN COVE AVL' MERID~.AN ID 8.3642-11000 STUCTC~R L R & N M '!'RUST STUCKER L R do F M TRUSi'E1;5: 2641 W ~i.ERUY CI' MERID~AN TD A3642-4307 2695 R/ ~HL7 RRY LN 2641 W . RUY CT TRIES GRECURY G a~ TIIiF3S ~OSE; 2827 VV~.EROY CT MERIDIAN lU 83642-4351 POGU LINDA C 528 N VEN CO'JE AVE ~M1:RI LAN ID 836R?-OU00 t 5KOG9BERG STEPHEN C, a LAf.1,I~-SKC~GSBERG Li5A T. '2813 W~LERUY CRT t-iERII~IAN ID 83642-4351 t ZURIT°1~ JOSE LUIS ac 'LUKI'fj- ANGELICA ~YO SA 554: MLK11~lAN l;A t33b80.0000 1519 N:HAVirN COVE AVE DvASD$N TC3DD C: & WASD~N MiSI~?LLE D 2825 ~ LEROY CRT MER1I~lAN ID A3642-4351 ~-. 20b bn6 6654; Sep-15 1:15PM; Page 61~ `~~ gent 6y: 'III I ~_ -~~ ~~ ,-~ ~ 1 ~-. Sep - t 5 t : 1 5PfA; 1 `- -' _- - `~1` 1 .~ ;• ~~'~' ~~,r~, ':iJi1 1-I~~- 3~l r- :I i. . .. .~ 3 208 888 6854; L l i r i-' ' ~'~ i J1T1 "i~-f ; t 1 117.1 TT~;J~ ~~_i .lam ~'r ~_~~ ~ ~ ~~ l.1 i \' ... ~~> _~. ~, _ .. .._..~ ~ -: _l. I....LL 1 l _I t I ~ r~~\ ~.. . ,..... s-~ X1.1 -~_l~- - -~J :~ _ ...-- ~ ~~ ,. I ~ ~ ~ .___ ~.. , / - ...-~ T f---- 1 Page 7,'7 ~ __ 'i ~/.,.~ j...,, ~'l~~I C!. - (j ~ ~~ ~ ,~ r~;.~-- _ .., ~- . ~+~ CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888433 Customer's Order No. Date ~"Z7 Name ` _+ ~ ` Address ~~~~~ ~o) ~~~w VfFfAd.e~~h l t. $3~ t3 Phone: ~' - ~, SOLD BY ~ ~ C.O.D. CHARGE ON ACCT, MDSE. RETD, PAID OUT E ~ ~ ./~]~ ,/~~I ..~ / /DO . 33 X2 ~ !~!e ~ _ f ..~a~ Zo (ot~ 500 ~ - !ob xZ I I I I I I I I I All claims and returned goods MUST be accompanied by this nill• I TAX 0 012 3 7 0 Byceived TOTAL I Ilo7 GS-202-2 PRINTED IN U.S.A. FN~NTEO WITH SOYINK _ --- -- - = i >s~ age ~; i 3 N a8 ~ ~ ~ ~ ~ N N Q N ~ ~ ~ ~ r Q _~ ~ I o 69 I~~~ p ;: ~ ~ ' Q ._ ~ 14 i ~~ 0 o ' N , ~ ^ M ~ ~ 1 S `~I l O 'i O N ~ ~ M V V (~ ~ O ~ Z ~ V ~ -+ z ~ C 1 '" ~Ow ~ ~ rti m o~m 1 fl 5 ~1c ~, J ~ \ .. - p] 3 \ ~ ~ ~ O N !_ ~ ~/ _ {~ b' 'a ' ~ (~ V ~ `o f L1 "~ i E M ..T i'. ii L C ~ +j ~ ; "~ ~ N . ~ ~ / / l ` O u. ^ ; ~ • - l WO J / .~ ` ~ , i ow ~ ' ° m ' I-0 ~ Q~ o ~ LL ~b fLJ 4 ~~ ~:, ~~ 7. ~~ un.r~aury aW.l~Qi nliivs amv un ~\ Gc~~cQ ~ ~ ~. 6ui3t,,•iisaiu '~ ~ FaRSTA~tERI AN FED'-~._DEP~~TY 1998 !dam - 9 i'1 "• 4 ~ ~ -, , , ~ --7 DECLARATION OF ~~~ ~~ COVENANTS CONDITIONS AND RESTRICTIONS FOR DEVLIN PLACE SUBDIVISION THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for Devlin Place Subdivision is made effective as of the 3 ~ day of tv~U ~ , 1 ggg, by D.W. Inc., an Idaho corporation, (hereinafter "Grantor" or "Declarant") whose address is 13141 W. Bluebonnet Ct. Boise, Idaho 83713. ARTICLE 1: RECITALS 1.1 Property Covered. The property subject to this Declaration of Covenants, Conditions and Restrictions (hereinafter referred to as "Declaration" or "CC&R's") for Devlin Place Subdivision is that property in Ada County, State of Idaho, which is contained in Devlin Place Subdivision and legally described on Exhibit A attached hereto, together with any additions or annexations as may hereinafter be brought within the jurisdiction of these CC&R's and the Association. The "common area" lots contained in this Subdivision are set out in Paragraph 3.8 below. 1.2 Purpose of Declaration. Devlin Place Subdivision is a residential development, which Grantor intends to develop in accordance with governmental approvals. The purpose of this Declaration is to set forth the basic restrictions, covenants, limitations, easements, conditions and equitable servitudes that will apply to the development and use of the Property. This Declaration is designed to preserve the Property's value, desirability and attractiveness, and to guarantee adequate maintenance of the Common Area, and any Improvements located thereon. ARTICLE Z: DECLARATION 2.1 Grantor Declaration. Grantor declares that all the Property shall be held, sold, transferred, encumbered, leased, used, occupied and improved subject to these CC&R's. Each owner accepting a deed to any of the property agrees that ,~ icti~sns ind;c;at~ng a prefr-r~rr DEVLIN PLACE SUBDIVISION CC&R'S station or discrimination basacY ~o, color, religion, sex, handuc~.~:, Page 1 of 29 _~;niiial status, or national origin ~,.i~ >reby del©ted to the extent tt~~t ~c;~ restrictions violate 42 USG these CC&R's are for the protection, maintenance, improvement and enhancement of the Property. 2.2 Runs With The Land. These CC&R's shall, run with the land described on Exhibit A and shall be binding upon all persons with any right, title or interest in the land. They are for the benefit of all the property and bind all successors. 2.3 Enforcement. These CC&R's may be enforced by Grantor, any Class A Lot Owner or by the Association. 2.4 Grantor's Rights. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, including the Common Area or any public right-of-way, nor Grantor's right to post signs incidental to construction, sales or leasing. ARTICLE 3: DEFINITIONS 3.1 "Articles" steal( mean the Articles of Incorporation of the Association or other organizational or charter documents of the Association. 3.2 "Devlin Place Subdivision" shall mean the Property described in Exhibit A, (together with any future additions or annexations). 3.3 "Assessments" shall mean those payments required of Class A Owners and Association IVlembers (excluding Declarant) and include but are not limited to all Assessments (whether regular, start-up, special or limited), late charges, attorneys' fees, interest, and other charges set out in these CC&R's. 3.4 "Association" shall mean Devlin Place Neighborhood Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. 3.5 "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of the Association and includes its authorized agents and representatives. 3.6 "Building Lot" shall mean one or more lots as specified or shown on any Plat upon which Improvements may be constructed. The term "Building Lot" shall not include any Common Area, any area dedicated to the public, or any lots deeded to an irrigation entity for an irrigation pump facility. 3.7 "By-laws" shall mean the By-laws of the Association (a copy of which is attached hereto as Exhibit B). DEVLIN PLACE SUBDIVISION CC&R'S Page 2 of 29 i'1 ~"~, 3.8 "Common Area" shall mean all lots of Devlin Place Subdivision that are designated herein or on the Plat as private streets or drives, common open space, common areas and common landscaped areas, including but not limited to, the following parcels which Declarant shall deed to the Devlin Place Neighborhood Association: Lot 1 Block 1 (Graveled pedestrian and bicycle pathway area; Nampa & Meridian maintenance easement area) Lot 19 Block 1 (Water detention and retention area; ACRD maintenance and easement area; Landscape area) Lot 10 Block 4 (Water detention and retention area; ACRD maintenance and easement area; Landscape area) Lot 2 Block 1 (Area for pump station. This lot shall be a common area lot until deeded to Nampa & Meridian Irrigation District for a pump station. Once deeded to NMID this lot shall be excluded from the effect of these CC&R's) The Association shall manage, maintain and operate these common area lots as provided in this Declaration. 3.9 "Declaration" shall mean this Declaration as it may be amended from time to time. 3.10 "Gr n or" shall mean D.W. Inc. and any successor in interest, or any person or entity to whom the rights under this Declaration are expressly transferred by grantor or its successor. Grantor may also be referred to as the "Declarant". 3.11 "Improvement" shall mean any improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property, including but not limited to buildings, fences, driveways, landscaping, signs, lights, mail boxes, recreational facilities, and fixtures of any kind. 3.12 "Limited Assessment" shall mean a charge against a particular Owner and such Owner's Building Lot, directly attributable to the Owner, equal to the cost (plus a management fee equal to 10% of the cost} incurred by the Grantor or the Association for corrective action performed pursuant to the provisions of this Declaration. (See Corrective Action, Section 9.1.1 below.) 3.13 "Member" shall mean each person or entity holding a membership in the Association. Members must be either a Class A Lot Owner or Grantor. DEVLIN PLACE SUBDIVISION CC&R'S Page 3 of 29 /'~ ~°`~ 3.14 "Owner" shall mean the person or other legal entity, including Grantor, holding fee simple interest of record to a Building Lot which is a part of the Property, but excludes those having an interest merely as security for the performance of an obligation. A "Class A" Owner shall be any owner of a Building Lot other than Grantor. Los deeded to irrigation districts for pump stations are not Building Lots. 3.15 "Person" shall mean any individual, partnership, corporation or other legal entity. 3.16 "Plat" shall mean any subdivision plat covering any portion of the Property as recorded at the office of the County Recorder. 3.17 "Property" shall mean all of the Property described herein including each lot or portion thereof, including all water rights associated with or appurtenant to such property. 3.18 "Regular Assessment" shall mean the regular assessments assessed against all Class A Owners to defray the cost of maintaining, improving, repairing, managing and operating the Common Areas and all Improvements located thereon, and the other costs and expenses of the Association. 3.19 "Start-up Assessment" shall mean that initial fee payable to the Association to start-up the Association. This one time start-up fee is assessed against the buyer of each lot upon the first purchase of each lot. 3.20 "Special Assessment" shall mean the portion of the costs of the capital improvements or replacements, equipment purchases and replacements or shortages in Regular Assessments. 3.21 "Transfer Special Assessment" shall mean that transfer fee assessed against each lot transferred, to be paid to the Association on each transfer of legal title and recording of a deed to a lot in this subdivision. ARTICLE 4: GENERAL AND SPECIFIC RESTRICTIONS 4.1 Prior Plan Approval. No improvement or obstruction shall be placed or permitted to remain upon any part of the property unless a written request for approval, containing the plans, specifications, and exterior color scheme, has been approved by the Board or a person designated by the Board to approve same. (See Article 6 below.} The approval of the Board will not be unreasonably withheld if the plans and specifications comply with these CC&R's, government ordinances, and are in general in harmony with the existing structures located in this Subdivision. 4.2 Government Rules. In the event any of these CC&R's are less restrictive than any governmental rules, regulations or ordinances, then the more restrictive governmental rule, regulation or ordinance shall apply. DEVLIN PLACE SUBDIVISION CC&R'S Page 4 of 29 4.3. Use. Size and Basements. All Building Lots shall be used exclusively for one or two-story single-family homes with a minimum square footage of 1,400 square feet excluding porches and garages. Split entry homes are prohibited. Basements are prohibited due to the high water table. 4.4 Accessory Structures. There shall be no metal or wood storage attachments to any home except as approved by the Board. Storage sheds attached to the residential structure, and patio covers, shall be constructed of, and roofed with, the same materials, and with similar colors and design, as the residential structure on the applicable Building Lot. Only one outbuilding per lot shall be allowed, and it shall be a} constructed of quality material; b) completed, finished and painted in the same general color as the main house; c) generally screened from public view; (d1 no more than 120 square feet in area and no more than eight feet high; and d) approved by the board. 4.5 Setbacks. All setbacks shall comply with the pertinent local government Ordinances. 4.6 ,Garages. All residential homes shall have an attached enclosed garage which holds no less than two cars and shall be constructed of the same materials and colors as the main building or as approved by the Board. Garages shall not to be used as living quarters nor to be used primarily as storage. Garages are primarily for the parking of vehicles. In no case shall a garage be used for storage leaving no room therein for the parking of vehicles. 4.7 Exterior; Appearance. No vinyl or metal siding shall be allowed for the exterior of any dwelling unless approved by the Board. Such are discouraged, however. Bay windows, broken roof lines, gables, hip roofs, etc. are encouraged as are brick, stone or stucco for the full height columns on the sides of the garage. Also encouraged are brick, stone or stucco full wainscoting on the front exposure. 4.8 Roofs. Roofs must be of at least 5 in 12 pitch. No gravel roofs are allowed. Roofing materials shall be composition shingles. 4.9 Commercial Activity. No commercial activity except an at home office or a once a year garage sale shall be permitted on any of the property. DEVLIN PLACE SUBDIVISION CC&R'S Page 5 of 29 4.10 Driveways. All Lots shalt have a paved driveway and a minimum of two paved car parking spaces within the boundaries of each Lot. No driveway or parking area shall be dirt, rock or gravel. 4.11 Colors. Exterior colors of earth tones or light blues or greys shall be encouraged for the body of the house. Bright, bold, yellow, or very dark body colors shall be discouraged. Dark roof colors shall be encouraged. Approval of exterior colors must be obtained from the Board, and any future changes to colors or exterior must be approved by the Board. 4.12 Pole Lights. Each home shall have aphoto-sensitive pole light installed in the front yard prior to occupancy, ideally within five (5) feet of the sidewalk and five (5) feet of the driveway, with a minimum bulb power of 40 watts, designed to switch on automatically at sunset and off at sunrise. Installation is the specific responsibility of the builder constructing the home. 4.13 Landscaping. Berms and sculptured planting areas are encouraged. Landscaping of the front yard shall be completed within thirty (30) days of occupancy of the home and shall be the responsibility of each respective Owner of the lot. The "front yard" shall be defined as that portion of the Building Lot from one side lot line to the opposite side lot line lying in front of the front exposure of the, structure. For Building Lots on corners the "front yard" shall also include that portion of the Building Lot from the front of the structure to the rear of the structure to the side street (i.e., the side yard next to the side street}. Landscaping, at a minimum, shall include sod in the front yard and at least one tree of 2" ca{iper in the front yard. Grass shall be planted or sodded in the back yard within one year of occupancy. 4.14 Fences. 4.14.1 Subdivision Perimeter Fences. Grantor may construct a perimeter fence around portions of the exterior of this subdivision property (except for entrance or exit roadways or waterway crossings). After Grantor has transferred title to any tot which contains a portion of this perimeter fence it shat! be the responsibility thereafter of the Owner of that lot to maintain, repair and/or replace as needed that portion of the perimeter fence on that Owner's tot. The maintenance, repairs and/or replacement shall be performed so as to keep the perimeter fencing uniform, attractive and harmonious. The Association may, in it's sole discretion, maintain some or all of the perimeter fencing as a Common Area expense. DEVLIN PLACE SUBDIVISION CC&R'S Page 6 of 29 4.14.2 Other Owner Fences. Other Owner fences are not required. If a fence is desired, plans for it shall be approved by the Board prior to construction. Fences shall be of good quality and workmanship and shall be properly finished and maintained. Fences may be built of wood, such as a 6-foot, dog-eared cedar. Chain (ink fences are not allowed except along ditches or water retention areas or those portions of Lots 12 and 13 which abut a common area, and then only after approved by the Board. Fences shall not be built closer to the front of the lot than even with the front corner of the home, and side or corner fences shall comply with local governmental ordinances. 4.15 Construction. No pre-existing, mobile home or prefabricated home shall be moved onto any lot. All homes in this Subdivision must be constructed on the lot. Once construction has begun, completion of each building or other improvement shall be diligently pursued and completed within 12 months. 4.16 Sewer. All bathroom, sink and toilet facilities shall be located inside the home, and connected underground to wet line sewer. 4.17 No Further Subdivision. No Building Lot may be split or subdivided without the prior written approval of the Board. 4.18 Nuisances. No rubbish, grass clippings or other debris of any kind shall be placed on, dumped on, or allowed to accumulate anywhere on the Property, including Common Areas or vacant Building Lots. No unsanitary, unsightly, or offensive conditions shall be permitted to exist on any part of the Property. Noise or other nuisances in violation of local ordinances are prohibited. No Owner shalt permit any noise, party or other activity in the Common Area which unreasonably interfere with the peace and quiet of the other Owners or occupants. The use of fireworks, firecrackers and any type of firearms on the Property is strictly prohibited. 4.19 Exterior Maintenance• Owner's Obligations All Improvements, especially the exterior appearance of the home, lawn, trees, fencing and landscaping shall be kept in good condition and repair. In the event an Owner permits an Improvement to fall into disrepair, or to create a dangerous, unsafe, hazardous, unsightly or unattractive condition, then the Board or Grantor, after thirty (30) days prior written notice to the offending Owner, shall have the right to enter upon that Owner's property to correct such condition. Owner shall be obligated to reimburse the Board or Grantor for all of the costs of the corrective action as set out in Article 8 and 9 below. DEVLIN PLACE SUBDIVISION CC&R'S Page 7 of 29 4.20 Unsightly Articles. No unsightly articles shall be permitted to remain on any property so as to be visible from any other Owner's property. Trash is to be kept in containers and areas approved by the Board. Clothing or fabrics are not to be hung or aired in such a way as to be visible to other property. No equipment, containers, lumber, firewood, grass, shrub or tree clippings, metals, bulk material, disabled vehicles, or scrap shall be kept, stored or allowed to accumulate on any property except within an enclosed structure or screened from view. Vacant residential structures shall not be used for storage. 4.21 No Temporary Structures. No house trailer, mobile home, tent, shack or other temporary building, improvement or structure shall be placed upon any portion of the Property or on any streets. Temporary construction structures are permitted only during the time of construction. 4.22 No Unscreened Boats. Campers and Other Vehicles No boats, trailers, campers, all-terrain vehicles, motorcycles, recreational vehicles, bicycles, dilapidated or unrepaired and unsightly vehicles or similar equipment shall be placed upon any portion of the Property (including, without limitation, streets, parking areas and driveways) unless enclosed by a concealing structure approved by the Board. No vehicles taller than nine feet or longer than 25 feet shalt be allowed to be stored on any portion of the property. If a stored item is taller than the front or side fence then the item must be parked two feet away from the fence for every one foot it is taller than the fence. (For example, a nine foot tall motor home would be required to be parked six feet away from front and side fences if those fences were six feet tall, and eight feet away if the fences were five feet ta(I.) Notwithstanding anything contained herein, a boat, camper, trailer or motor home may be parked in a driveway or in the street in front of the Owners lot (if permitted by local ordinances) for a temporary time not to exceed three days. No vehicles may use or be parked on the Common area Lot 1 Block 1 (except Nampa & Meridian Irrigation District vehicles for the purposes of utilizing its maintenance easement). Otherwise, this common area lot is a graveled pathway for pedestrian and bicycle traffic only. 4.22.1 Removal of Vehicles• Warning• Costs The Board or its representatives may remove any vehicles in violation of this section at any time after giving the owner fifteen (15) days written notice of its intent to do so. For any such vehicles removed, the Owner shall reimburse the Board, as a limited assessment, the costs thereof plus a management fee equal to ten percent (10%) of the costs. (See Article 9 below) DEVLIN PLACE SUBDIVISION CC&R'S Page 8 of 29 n i'`~ 4.23 Animals/Pets. No farm animals, animals creating a• nuisance, or animals in violation of governmental ordinances shall be kept on any Property. Chronic dog barking shall be considered a nuisance. No more than two domestic cats and no more than two domestic dogs shall be allowed to inhabit any one lot. All dogs outside the home or outside the lot fence must be leashed. Pets shall not be allowed in the Common Areas. Any kennel or dog run must be screened, placed inside the lot fences, and approved by the Board. 4.24 Si ns. No sign shall be displayed to public view without the approval of the Board except: (1) signs used by Grantor in connection with the development and sale of the Property; (2} signs identifying the development; (3) informational signs by the Board displayed on Common Areas; (4) one sign of less than 12 square feet displayed by an Owner (other than Grantor) on that Owner's property advertising the home for sale or lease; and (5) signs required by the governing authorities. No signs other than Grantor's shall be placed in the Common Area without the written approval of the Board. 4.25 Lot Grading and Drainage Requirements Each lot owner shall grade and maintain their individual lot to direct water away from the foundation and to prevent the runoff of storm water onto adjacent owner's lots. 4.26 Additional Easements. In addition to the easements shown on the recorded plat, an easement is further reserved and each Lot shall be subject to an easement five (5) feet on each side of all other lot lines for installation and maintenance of utilities, irrigation and drainage. 4.27 Exemption of Grantor. Nothing contained in these CC&R's shall limit the right of Grantor; to subdivide or re-subdivide any portion of the Property owned by Grantor; to grant easements, licenses, or to reserve rights-of-way with respect to Common Areas; to complete excavation, grading and construction of any portion of the Common Areas, or Property owned by Grantor; to alter construction plans and designs; to construct additional Improvements; to erect, construct and maintain structures and displays as necessary for the conduct of Grantor's business. Prior to transferring title to a Building Lot Grantor shat! have the right to grant, establish and/or reserve on that Building Lot additional licenses, reservations and rights-of-way to Grantor, to utility companies, or to others. Grantor may use any structures owned by Grantor on the Property as model home complexes or real estate sales or leasing offices. The rights of Grantor may be assigned by Grantor to any successor in interest by a written assignment recorded in the Office of the County Recorder. DEVLIN PLACE SUBDIVISION CC&R'S Page 9 of 29 4.28 Water; Water Rights. Each party accepting and recording a deed to any property in this Subdivision or occupying any property in this Subdivision acknowledges and understands and agrees to the following: a) that such property is in an irrigation district, including but not limited to Nampa & Meridian Irrigation District; b) that the water in said district has not been transferred from this property; c) that each Owner of any Lot is subject to all assessments levied by any irrigation district or water supplier and/or the Association; d) that each Lot Owner shall be responsible to pay any levies of the irrigation entity or the Association or the water supplier attributable to that Lot; e) that these assessments are a lien upon. the Lot. Each owner or occupant of any Lot in Devlin Place Subdivision specifically releases and waives any and all claims of any kind against Declarant, its agents, employees, officers and directors relating to irrigation water in Devlin Place Subdivision. 4.28.1 Nampa-Meridian Agreements: The lots in Devlin Place Subdivision shall be subject to any existing or future recorded agreements or license agreements with Nampa-Meridian Irrigation District regarding this Subdivision, including but not limited to the following existing agreements or any addendums thereto: a) Agreement for Pressurized Urban Irrigation System (PUTS} with Restrictive Covenants Running with the Land, recorded the 6th day of August, 1998, as Instrument No. 98075398. b) Construction Contract for Pressurized Urban Irrigation System recorded the 6th day of August, 1998, as Instrument No. 98075399. 4.29 Laws; Ordinances. These CC&R's are subject to all rules, regulations, laws and ordinances of all applicable governmental bodies. In the event a governmental rule, regulation, law or ordinance would render a part of these CC&R's unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 4.30 Water Detention and Retention Areas• Maintenance• ACRD Easement Lot 19 Block 2 and Lot 10 Block 4 of Devlin Place Subdivision (both Common Area lots) will contain water detention and retention areas. The drainage system on these lots shall be maintained by the Association or ACRD {Ada County Highway District) as follows: 4.30.1 "Heavy" Maintenance. Heavy maintenance consists of periodically inspecting the subsurface trenches and facilities to ensure they are functioning properly; cleaning out the facility DEVLIN PLACE SUBDIVISION CC&R'S Page 10 of 29 n ~ piping and mucking out the facility when the sediment level exceeds the designed storage level. All other maintenance shall be referred to herein as "light" maintenance. ACRD may elect to perform this "heavy" maintenance and shall be allowed by the Owners and the Association to perform this maintenance work. In the event ACHD shall decide not to do so "heavy" maintenance, then the Association shall do so. 4.30.2 Easement to ACRD for Heavy Maintenance ACHD is hereby granted an easement over the entirety of the two lots listed in this section as needed for maintenance of the drainage facilities by ACRD. 4.30.3 "Light" Maintenance & Operation The Association shall provide all "light" maintenance of the ponds and the entire ground surface of these two. lots. This light maintenance shall include the following: a) periodic inspection of the ponds for water spots, water entering the ponds from other Tots, erosion and rodent damage, and if found to cause the problems to be repaired. {b) perform all lawn maintenance, mowing, irrigation and weed control, {c) clean up all trash, (d) regularly check the underground storm drain facility for clogging or standing water and i# found to report such to ACHD so ACHD can do the "Heavy" maintenance. 4.30.4 No Structures. No permanent structures or improvements shall be erected on either of these two lots. 4.30.5. Association Failure to Maintain ACRD Remedies In the event that ACHD determines, in its sole discretion, that the Association is not adequately performing the light maintenance of the subsurface trenches, then ACHD shall, before undertaking maintenance of said common area, provide written notice of its intention to begin maintenance on behalf of the Association within a thirty (301 day period, within which time frame the Association may undertake to initiate and conclude all maintenance defects as identified by ACHD. In the event that the Association shall fail to commence and conclude maintenance of the subsurface trenches to the extent said items of specific maintenance are identified by ACHD within the prescribed thirty (30) days, then in that event, ACRD may begin DEVLIN PLACE SUBDIVISION CC&R'S Page 11 of 29 ~ ~ to undertake such maintenance. ACHD is hereby granted an irrevocable license and easement to enter upon any portion of the lots described herein to perform such inspection and maintenance of the subsurface trenches. Should ACRD engage in maintenance of the defined common area or facility after having provided notice to the Association and having provided the Association an opportunity to undertake said maintenance, ACHD shall first bill the Association and if such bill shall not be paid within sixty (60) days, then ACRD shall be entitled to and empowered to file a taxable lien against all lots within Devlin Place Subdivisions with power of sale as to each and every lot in order to secure payment of any and all assessments levied against all lots as if said maintenance had been performed by the Association, together with interest at the rate which accrues on judgments thereon and all costs of collection which may be paid or incurred by ACRD. The Association shall not be dissolved or relieved of its responsibility to maintain the defined common area and facilities contained therein without the prior written approval from ACRD. The Association and all Lot Owners by accepting title to a Lot agree that all Lot Owners within these Subdivisions are benefitted property owners of such maintenance. 4.37 Pressurized Irrigation System. Irrigation water, when seasonally available, will be supplied through Nampa & Meridian Irrigation District via a pressurized urban irrigation system. This system shall be owned by Nampa & Meridian Irrigation District. All main lines, pumping works and the like shall be maintained and operated by Nampa & Meridian Irrigation District and each lot owner shall pay pro-rata for the costs of maintenance and operation of the pressurized urban irrigation system attributable to Devlin Place Subdivision. Each individual lot will have a control valve on the pressurized irrigation system to allow irrigation water onto that individual lot. Each lot Owner shall be responsible for his own irrigation system on his own lot downstream from this control valve (e.g. sprinkler lines and sprinkler heads). Any Owner damaging the main system shall be responsible for that damage. 4.31.1 Water Costs: All irrigation water costs shall be paid by the lot owners either from individual assessments against each lot by the Irrigation District or other water suppliers; or, if the water supplier provides one billing to the Association, then the water costs shall be paid as part of the Association's pro-rata assessments to DEVLIN PLACE SUBDIVISION CC&R'S Page 12 of 29 Class A lot owners. Each lot owner shall pay an equal pro-rata share of all the commonly billed water costs regardless of actual water used. (For example, if the water supplier gives one common billing to the Association, then each owner shall pay an equal pro-rata share whether that owner uses the water or not. ) Each lot owner shall use all reasonable efforts to conserve and not waste irrigation water. 4.31.2 Rotation: Rules. The Board may establish a water rotation schedule for all lots and common areas in this Subdivision and general rules for the times and use of irrigation water. All lot owners and occupants shall follow said water rotation schedules and any rules promulgated relative to the use of irrigation water. Failure to adhere to the rotation schedule or rules may, following notice from the Board, result in suspension of the right to use irrigation water. 4.31.3 No Liability. Neither Declarant, its agents, employees, officers, directors, or shareholders, nor the Association or its officers, directors, employees or agents shall have any liability of any kind whatsoever to any owner or occupant for any claims or losses of any kind due to a failure of the water system or shortage of water for any reason. 4.32 Common Driveway Reciprocal Easement• Maintenance of Common Drivewav. In this subdivision Lots 2 and 3 in Block 3 shall have one common looped driveway which shall be constructed per ACHD requirements. This driveway shall be the only means by which these two lots can access Chateau Drive. This common looped driveway is referred to herein as the "common driveway easement area". 4.32.1 Reciprocal Easements. Each Owner of these two common lots, and occupants, tenants, guests and invitees shall have an easement over and across all of that common driveway easement area. This shall be a reciprocal easement benefitting and burdening each of the two common driveway lots and shall be for the purposes of ingress and egress over and across the common driveway easement area to and from the public street. NO PARKING OF ANY KIND SHALL BE ALLOWED IN ANY OF THIS COMMON DRIVEWAY EASEMENT AREA. This area is for ingress and egress only. DEVLIN PLACE SUBDIVISION CC&R'S Page 13 of 29 /'~ /"~. 4.32.2 Maintenance of Common Driveway. The maintenance of the common driveway easement area and the costs thereof shall be shared equally (1 /2 each) by the owners of the two lots sharing the common driveway easement area. Maintenance decisions shall be made by a unanimous vote of the two Owners. 4.32.3 Perpetual. The provisions contained in this paragraph 4.32 shall be perpetual and shall run with each affected lot. These provisions of paragraph 4.32 as they apply to each of the common driveway lots may not be amended unless such amendment is approved by a) the lot owners affected; b) the President of the Association; if the Association exists; and c) ACHD. ARTICLE 5: DEVLIN PLACE NEIGHBORHOOD ASSOCIATION, INC. 5.1 Organization of Devlin Place Neighborhood Association. Inc. Devlin Place Neighborhood Association, Inc. (the "Association") shall be initially organized by Grantor as an Idaho non-profit corporation under the provisions of the Idaho Code relating to general non-profit corporations and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws (attached hereto as Exhibit B) and this Declaration. Neither the Articles nor the Bylaws shall be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 5.2 Membership. Each Owner of a lot subject to assessment, (including contract sellers), by virtue of being an Owner, and for so long as such ownership is maintained, shall be a Member of the Association. The memberships in the Association shall not be transferred, pledged, assigned or alienated except upon the transfer of Owner's title the transferee of such title. Any prohibited membership transfer sha(I be void and will not be reflected on the books of the Association. 5.3 Vo in Voting in the Association shall be carried out by Members (including Grantor} who shall cast the votes attributable to the Building Lots which they own. The number of votes any Member may cast on any issue is determined by the number of Building Lots owned. When more than one person holds an interest in any Building Lot, all such persons shall be Members but shall share the vote attributable to the Building Lot. One lot, one vote. For voting purposes, the Association shall have two (2) classes of Members: DEVLIN PLACE SUBDIVISION CC&R'S Page 14 of 29 5.3.1 Class A Members. Owners other than Grantor shall be Class A Members. Each Class A Member shall be entitled to cast one (1) vote for each Building Lot owned by such Class A Member(s) on the day of the vote. One lot, one vote. 5.3.2 Class B Member. The Grantor shall be the Class B Member, and shall be entitled to three (3) votes for each Building Lot owned by Grantor. The Class B Member shall cease to be a voting Member in the Association on the happening of either of the following events, whichever occurs first: (a) when seventy-five (75%) percent of the Building Lots have been sold to Owners other than Grantor; or, (b) on December 31, 2005. 5.3.3 No Fractional Votes or Severance from Land. Fractional votes are not allowed. If joint Owners cannot agree how their vote will be cast, they lose their right to vote on the matter being put to a vote. A vote cast will be conclusive for all purposes that the Owner had authority and consent of all joint Owners. Votes may not be severed from the Building Lot. However, an Owner may give a revocable proxy, or assign the Owner's right to vote to a lessee, mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for the term of the lease, mortgage, deed of trust or contract. Any sale, transfer or conveyance of a Building Lot to a new Owner automatically transfers the voting right to the new Owner. 5.4 Board of Directors and Officers. The affairs of the Association shall be managed by a Board of Directors ("Board") and such officers or agents as the Board may elect or appoint as provided in the Bylaws. The Board shall be elected in accordance with the Bylaws. 5.5 Power and Duties of the Association. The Association shall have all the powers of a corporation organized under the laws of the State of Idaho subject only to the limitations set forth in the Articles, Bylaws, and this Declaration. The Association shall have the power to appoint representatives and the power to perform all acts which may be necessary or incidental to discharge it's duties and responsibilities and to manage and operate the Association's Common Areas and assets. The Association's powers include, but are not limited to, the following: DEVLIN PLACE SUBDIVISION CC&R'S Page 15 of 29 !'~ n 5.5.1 Assessments. The power to levy Assessments on any Class A Owner as set out herein and to force payment as provided in this Declaration. 5.5.2 Enforcement. The power and authority in its own name, or on behalf of any Owner who consents, to file and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration, the Articles or the Bylaws; and to file and maintain any action to enforce the terms thereof. 5.5.3 Emerg_enc~ Powers. The power to enter upon any property (but not inside any building) in any emergency where there is potential danger to life or property or when necessary to protect or maintain Improvements for which the Association is responsible. The Association may also enter upon any property to prevent the waste of irrigation water. Such entry shall be made with as little inconvenience to the Owner as practicable. Any damage caused by the Association shall be repaired by the Association. 5.5.4 Licenses, Easements and Rights-of-WaK; Cooperative Agreements. The Association shall have the power to enter into any cooperative or license agreements regarding water or irrigation systems. The Association shall have the power to grant and convey to any third party licenses, easements and rights-of-way in, on or under the Common Area or in any easement areas of any Lots as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the Property and Common Area, and for the preservation of the health, safety, convenience and welfare of the Owners. The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Association and may be granted at any time prior to twenty-one (21) years from the date of recording of these CC&R's. 5.6. Duties of the Association. In addition to duties necessary and proper to carry out the powers delegated to the Association by this Declaration, the Articles and Bylaws, the Association shall have the authority to perform, without limitation, each of the following duties: DEVLIN PLACE SUBDIVISION CC&R'S Page 16 of 29 r"'1 5.6.1 Operation and Maintenance Operate, maintain, and otherwise manage or provide for the operation, maintenance and management of the Common Area, and, at the discretion of the Board, provide for: a) the cleaning and sweeping of the streets in the subdivision to keep construction mud and debris to a minimum; b) mowing the vacant lots and maintaining right of way areas in or adjacent to the subdivision to keep the subdivision as a whole as aesthetically pleasing as possible. 5.6.2 Taxes and Assessments. Pay all real and personal property taxes and assessments including but not limited to water costs separately levied against the Common Area or against the Association and/or any other property in this Subdivision owned or managed by the Association. Taxes, assessments and water costs may be contested or compromised by the Association and the costs are a common area expense. The Association shall pay any applicable federal, state or local taxes levied against the Association. 5.6.3 Water and Other Utilities. Acquire, provide and pay for water, utilities, maintenance, operations costs, and other necessary services for the Common Areas or any pressurized urban irrigation system. 5.6.4 Insurance. Acquire insurance coverage as the Board deems necessary or advisable, from insurance companies authorized to do business in the State of Idaho, and maintain any insurance policies including, but not limited to the following: (1) Comprehensive public liability insurance insuring the Board, the Association, the Grantor and/or the individual grantees and agents and employees of each against any liability incident to the ownership and/or use of the Common Area; (2) Directors' and officers' liability insurance; (3- Motor vehicle insurance and Workmen's Compensation insurance; (4) Performance, fidelity and other bonds the Board deems necessary to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of Association funds or other property. The Association shall be deemed trustee of the DEVLIN PLACE SUBDIVISION CC&R'S Page 17 of 29 n ,~'~, interests of all Owners in connection with any insurance proceeds paid to the Association under such policies, and shall have full power to receive the Owner's interests in such proceeds. All proceeds shall be used for Association purposes. Insurance premiums for the above insurance coverage shall be a common expense to be included in the Regular Assessments levied by the Association. 5.6.5 Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Declaration, as may be reasonably advisable or necessary to enforce any of the provisions of this Declaration, the Articles or the Bylaws. 5.7 No Liability. No Board member, committee member, Association officer, Grantor or its officers, directors or shareholders (collectively herein "Grantor") shall be personally liable to any Owner, or any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of that person provided that the person has acted in good faith and without gross, willful or intentional misconduct. 5.8. Budgets: Operating Statement• Balance Sheet• inspection Within sixty (60) days after the close of each calender year, the Association shall cause to be prepared and shall make available for inspection by any Owner; (1) a balance sheet as of the last day of the Association's calender year; {2) an annual operating statement reflecting the income and expenditures of the Association for its last calender year; and (3) a proposed budget and schedule of Assessments for the current year. Notice of scheduled Assessments due shall be given at least once a year. 5.9 Meetings of Association- Notice of Meeting and Assessments Each year the Association shall hold at least one annual meeting of the Members on April 30, or some other date set by the board between April 15 and May 31. If any meeting date falls on a weekend or holiday then the meeting shall be on the next following business day. Notice of such meeting shall be given at least 10 and no more than 30 days prior to the meeting and such notice may include notice of the Assessments scheduled due for the coming year. Only Members or their proxies shall be entitled to attend Association meetings. All other persons may be excluded. Notice for all Association meetings, regular or special, shall be given by regular mail to all Members, at the address for the lot in the subdivision or the address supplied in writing to the Association. This notice shall set forth the place, DEVLIN PLACE SUBDIVISION CC&R'S Page 18 of 29 n date and hour of the meeting and the nature of the business to be conducted. All meetings shall be held within the Property, or as close thereto as practical, at a reasonable place selected by the Board. The presence at any meeting of the Class B Member (or representative} where there is such a Member, and of Class A Members representing Owners holding at least ten percent (10%} of the total votes of all Class A Members, shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Members present may adjourn the meeting to another time not more than thirty (30) days from the time the original meeting was scheduled. If the rescheduled meeting is more than 30 days then additional notice of the next meeting shall be given. At any subsequent meeting properly called, the presence of any Member shall constitute a quorum. ARTICLE 6; ARCHITECTURAL CONTROL No building, structure, fence, wall, hedge, landscaping, painting, obstruction, berm, driveway, or Improvement shall be placed on, under, over or across any part of Devlin Place Subdivision unless a written request (given to one of the Board of Directors of the Association or a person designated by the Board) for approval thereof containing the plans and specifications therefor, including exterior color scheme, has been approved, in writing, by a member of the Board or any person designated by the Board. The initial Board is as follows: Daniel A. Wood, Dixie L. Wood and Timothy R. Wood. In the event the Board fails to approve or disapprove such request within thirty (30) days after such request has been submitted in writing, approval shall not be required and this Article will be deemed to have been complied with. ARTICLE 7: RIGHTS TO COMMON AREAS 7.1 Use of Common Area. Every Owner shall have the equal right to enjoy the use of those Common Areas or common facilities which are designed and built for such use. The Association may make reasonable rules governing use of the Common Areas and facilities. All common areas and facilities shall be owned by the Association. The Association shall have the power to suspend the use of all common areas to Members who are in arrears for non-payment of Assessments. However the Association may not suspend street or sidewalk access to a members lot or home. The Association may dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes agreed to by the Members. No dedication, mortgage or transfer of said Common Area shall be effective unless an instrument agreeing to such dedication or transfer is signed by the Grantor (if Grantor still owns any of the Building Lots), and two-thirds (2/3) of the Class A Members. Transfer must also be approved by DEVLIN PLACE SUBDIVISION CC&R'S Page 19 of 29 any local government having jurisdiction over the transfer. Said transfer shall become effective when the instrument is recorded. In the event that an Owner's access to his lot is over any Common Area, then any transfer of that Common Area shall be subject to an easement for the access of the owner. 7.2 Damages. Any Owner shall be liable for damage to any Common Area which may be sustained by reason of the negligence or willful misconduct of the Owner, the Owner's tenant, or the Owner's family, guests, agents, contractors or invitees. In the case of joint ownership the liability of such Owners shall be joint and several. The cost of correcting the damage shall be treated as a Limited Assessment against the Owner and Building Lot and may be collected as provided herein. No Owner shall be liable for any amounts greater than is legally allowable under Idaho law. ARTICLE 8: ASSESSMENTS 8.1 Covenant to Pay Assessments. By acceptance of a deed to any property in Devlin Place Subdivision, each Class A Owner hereby covenants and agrees to pay, when due, all Assessments or charges made by the Association pursuant to this Declaration. In the event this subdivision is developed in phases, the lots in uncompleted phases shall not be assessed until they become Class A Owner's lots. Declarant shall not pay any Assessments for lots owned by Declarant. No Mortgagee shall be required to collect any assessments. 8.1.1 Assessment Constitutes Lien. Such Assessments and charges set out herein, together with interest, costs and reasonable attorneys' fees which may be incurred in collecting the same, shall be a continuing lien upon the property against which each such Assessment or charge is made. 8.1.2 Assessment Personal Obligation Each Assessment obligation set out herein which accrues during the time of ownership shall also be the personal obligation of the Owner beginning the time the Assessment falls due. This personal obligation for Assessments shall remain Owner's personal obligation regardless of whether he remains an Owner. Notwithstanding anything contained herein, the failure to pay assessments does not constitute a default on an owner's federally insured mortgage. DEVLIN PLACE SUBDIVISION CC&R'S Page 20 of 29 ,'`1 8.2 Reaular Assessments. All Class A Owners are obligated to pay Regular Assessments to the Association on a schedule of payments established by the Board. 8.2.1 Initial Reaular Assessment• The initial Regular Assessment for the year 1998 is to be one hundred dollars (5100) per year per lot. This initial assessment is due upon sale of a lot from Grantor and shall be prorated on a calendar year basis based on the date of closing and shall be paid to the Association by the Buyer upon closing of the first transfer of the lot from the Declarant to the Buyer. 8.2.2 Reaular Assessments. The proceeds from Regular (and other) Assessments are to be used to pay for all costs and expenses incurred by the Association, including but not limited to; (1) legal, accounting, management, and professional fees; (21 the costs and expenses of construction, improvement, protection, maintenance, repair, management and operation of the Common Area and common facilities; (31 an amount allocated to an adequate reserve fund, established by the Board, for repairs, replacement, maintenance and improvement of those elements of the Common Area, or other property of the Association that must be replaced and maintained; (4) the cleaning and sweeping of the streets in the subdivision to keep construction mud and debris to a minimum; and (5) mowing the vacant lots and maintaining right of way areas in or adjacent to the subdivision to keep the subdivision as a whole aesthetically pleasing. 8.2.3 Computation of Regular Assessments. The Association shall compute the amount of its Expenses on an annual calendar basis and shall Assess each Class A Owner's lot equally for ail Assessments (except the Limited Assessments which are on a lot by lot basis). Regular Assessments for the calender year shall be pro-rated as of the date of closing. 8.2.4 Amounts Paid by Owners. The Board can require, in its discretion payment of Regular Assessments in monthly, quarterly, semi-annual or annual installments. The Regular Assessment to be paid by any particular Owner for any given calender year shall be computed by dividing the Association's DEVLIN PLACE SUBDIVISION CC&R'S Page 21 of 29 i"1 ~, total advance estimate of expenses by the total number of Class A Building Lots in the Property (i.e, each Class A Owner of a Building Lot shall pay an equal share of Regular Assessments). 8.3 Special Assessments. 8.3.1 Transfer Special Assessment. Upon each transfer of any lot in the subdivision and the recording of the deed each Buyer at closing shall pay to the Association a special transfer assessment of Twenty-Five ($25.00) Dollars which shall be used for general Association purposes. 8.3.2 Start-up Assessment: Upon the first sale of each building lot in this subdivision from the Declarant, the Buyer shall pay to the Association at closing an initial Association Start-up fee equal to one hundred ($100) Dollars to be used for general Association purposes. This fee shall be a one time initial start- up fee, and shall not be prorated for any time left in the calendar year. This start- up fee assessment shall be paid in full regardless of the time of year of the closing but shall only be paid once per lot. 8.3.3 Special Short Fall Assessments. In the event that the Board shall determine that its respective Regular Assessment for a given calendar year is or will be short to meet the Expenses of the Association for any reason, including but not limited to costs of construction, reconstruction, unexpected repairs or replacement of capital improvements upon the Common Area, attorney's fees and/or litigation costs, other professional fees, the Board shall determine the approximate amount necessary to defray such expenses and levy an Excess or Special Assessment equally to all Class A Owners. No such Assessment shall be levied which exceeds thirty-five percent (35 %) of the budgeted expenses of the Association for that calendar year, without the vote or written assent of 2/3 of the Class A Owners. The Board shall, in its discretion, determine the schedule under which such Special Assessment will be paid. 8.4 Limited Assessments. Notwithstanding the above provisions with respect to Regular and Special Assessments, the Board may levy a Limited Assessment against a Building Lot and the Owner thereof personally as a remedy to reimburse the Association for costs (together with the 10% management fee, interest and attorneys fees as provided in Article 9 below) incurred in bringing the Owner and/or such Owner's Building Lot into compliance with the provisions of these CC&R's. DEVLIN PLACE SUBDIVISION CC&R'S Page 22 of 29 ,'`~ 8.5 Notice and Assessment Due Date. Except for the Special Transfer Assessment, the Start-up Assessment and initial prorated Regular Assessment, written notice of all other assessments shall be given to the Owner at the property address in the property covered by this Declaration or to such other address as the Owner supplies in writing to the Board. Such notice shall set out the amounts due and the date(s) due. Each installment of Assessments shall become delinquent if not paid within ten (10) days after the levy and notice thereof. The Association may bring an action against the delinquent Owner and may foreclose the lien against such Owner's Building Lot as more fully provided herein. 8.6 Late Fees; Interest on Past Due Assessments• Assessments of any kind which are not paid within thirty (30} days of the due date shall be assessed an additional late charge of $100.00. In addition, interest shall be paid on the unpaid assessment at the rate of one and one-half percent (1-1 /2%) per month from the date the assessment was due until the date of payment. 8.7 Estopael Certificate. The Association, upon at least twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request, a statement in writing stating whether or not, to the knowledge of the Association, a particular Building Lot Owner is in default under the provisions of this Declaration, and further stating the dates to which any Assessments have been paid by the Owner. Any such certificate delivered pursuant to this paragraph may be relied upon by any prospective purchaser or Mortgagee of the Owner's Building Lot. Reliance on such Certificate may not extend to any default as to which the signor shall have had no actual knowledge. ARTICLE 9: ENFORCEMENT OF COVENANTS AND ASSESSMENTS; LIENS 9.1 Right to Enforce: Attorneys Fees. The Association has the right to enforce these covenants and to collect and enforce its Assessments. Each Owner of a Building Lot, by accepting a deed to a Building Lot, covenants and agrees to comply with the terms, covenants, conditions and restrictions contained herein and to pay each Assessment provided for in this Declaration and agrees to the enforcement of all covenants and Assessments in the manner herein specified and/or by law. In the event an attorney or attorneys are employed for the enforcement of any covenants or the collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Declaration, each Owner agrees to pay reasonable attorney's fees in addition to any other relief or remedy against such Owner. The DEVLIN PLACE SUBDIVISION CC&R'S Page 23 of 29 /". ,.-, Board or its authorized representative may enforce these covenants or the obligations of the Owner hereunder by: (1) direct corrective action against the Owner or the offending violation; (2) litigation at law or in equity; (3) foreclosure of the liens created herein; (4) expenditure of funds to remedy any violations; and/or (5) any other lawful action. 9.1.1 Corrective Action. In the event an Owner fails to comply with any provisions of these Declarations, the Board shalt have authority to take appropriate corrective action against said Owner. Each Owner who is the subject of such corrective action agrees to and shall pay all the costs of said corrective action, plus interest on all expended funds from the date of expenditure at the rate of 1-1 /2% per month, plus a management fee equal to ten percent (10%) of afl the costs expended for the corrective action, and all attorneys fees incurred. Such shalt be a Limited Assessment against that Lot and that Lot Owner and shall create a lien enforceable in the same manner as other assessments set forth in these CC&R's. If such an assessment is not paid within ten (10) days of notice of the limited assessment, the Owner shall also be subject to late fees set out herein. 9.1.2 Notice of Corrective Action: Prior to taking corrective action the Board, or its authorized representative, shall give notice to the Owner of the violation of these Declarations, the remedy necessary and the date by which the remedy must be completed. In the event the Owner has not remedied the violation by the time set out in the notice the Owner consents to corrective action by the Board or its representatives and shall pay all the costs of such corrective action as set out in this Declaration. 9.2 Assessment Liens. There is hereby created a lien with power of sale on each and every Building Lot to secure payment of any and all Assessments levied against such Building Lot together with other charges as provided in this Declaration. All sums assessed in accordance with the provisions of this Declaration shall constitute a lien on such respective Building Lots upon recording of a claim of lien with the County Recorder. Such lien shall be prior and superior to all other liens or claims created subsequent to the recording of the claim of lien except for tax liens for real property taxes on any Building Lot and Assessments DEVLIN PLACE SUBDIVISION CC&R'S Page 24 of 29 ~1 A~ on any Building Lot in favor of any municipal or other governmental assessing body which, by law, would be superior thereto. 9.2.1 Claim of Lien. Upon default of any Owner in the payment of any Assessment, the Association may cause to be recorded in the office of the County Recorder a claim of lien. The claim of lien shall state the amount of such delinquent sums and other authorized charges (including the cost of recording), a sufficient legal description of the Building Lotts) against which the same have been assessed, and the name of the record Owner !or reputed Owner) thereof. Each default shall constitute a separate basis fora claim of lien, but any number of defaults may be included within a single claim of lien. Upon payment to the Association of all Assessments and all other charges of any kind set out in this Declaration or other satisfaction thereof, the Association shall cause to be recorded a notice releasing the lien. The Association may demand and receive the cost of preparing and recording such release before recording the same. 9.3 Method of Foreclosure. The lien may be foreclosed like a mortgage; foreclosed by power of sale; foreclosed pursuant to Idaho Code 45-507; or foreclosed by any other appropriate action in court. The Owner shall pay all of the Association's attorneys fees and costs of the action if the Association prevails. Any sale shall be conducted in accordance with Idaho law applicable to the exercise of powers of sale. The Board is authorized to appoint its attorney, any officer or director of the Association, or any title company authorized to do business in Idaho as trustee for the purpose of conducting such power of sale or foreclosure to the extent allowed by law. 9.4 Action at Law. The Association may, in it's discretion, elect not to foreclose the lien and simply file an action at law against the Owner for the monies due. The Owner shall pay all of the Association's attorneys fees and costs of the action if the Association prevails. 9.5 Required Notice. Any claim of lien shall be recorded with the County Recorder. In the event that the Association elects to file a lien and foreclose pursuant to Idaho Code 45-507 then the Association shall serve the copy of the recorded lien on the Owner within 24 hours of the recording of the lien as required by 45-507. No foreclosure action may be brought to foreclose the lien, whether DEVLIN PLACE SUBDIVISION CC&R'S Page 25 of 29 `~~ ~'1. judicially, by power of sale or otherwise, until the expiration of thirty (30) days after a copy of such claim of lien has been deposited in the United States mail, certified or registered, postage prepaid, to the Owner of the Building Lot(s) described in the claim of lien, and to the person in possession of such Building Lot(s). No prior notice to the Owner is required for the Association to file an action at law for the monies due; provided, however, that no action at law can be filed until an Assessment is more than 60 days in default. 9.6 Subordination to Certain Trust Deeds. The lien for the Assessments provided for herein shall be subordinate to the lien of any first deed of trust or first mortgage given and made in good faith and for value that is of record as an encumbrance against such Building Lot prior to the recording of a claim of lien for the Assessments. The transfer of any lot pursuant to a foreclosure of a first deed of trust or mortgage shall extinguish the lien of the Assessments which came due before the foreclosure. Otherwise, the sale or transfer of any Building Lot shall not affect any liens or lien rights that Association has in this Declaration. Nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for Assessments. 9.7 Rights of Mortgagees. Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat the rights of the Beneficiary under any deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recording of such amendment, provided that after the foreclosure of any such deed of trust such Building Lot shall remain subject to this Declaration as amended. Any Mortgagee requesting in writing shall be given notice of any default in the payment of Assessments for the lot the subject of the mortgage. ARTICLE 10: EASEMENTS 10.1 Easements of Access. Grantor expressly reserves for the benefit of all the Property and Owners reciprocal easements of access, ingress and egress to and from their respective Building Lots. These reserved easements are for; (1) installation and repair of utility services in the easement areas identified on the plat; (2) drainage of water (by buried pipe and not by flooding} across and under adjacent Building Lots and Common Areas in the drainage easement areas shown on the plat; (3) reasonable and necessary access by adjacent Owners for the maintenance and repair of fencing, retaining walls, lighting facilities, mailboxes, sidewalk abutments, trees, landscaping and the like. Such easements may also be used as necessary by Grantor and the Association. DEVLIN PLACE SUBDIVISION CC&R'S Page 26 of 29 ~~ ~ 10.2 Utility Easements. This Declaration is subject to all easements granted by Grantor before or after this Declaration for the installation and maintenance of utilities, drainage facilities, sewer, water, irrigation systems and the Pike that are required for the development of the Property. Grantor reserves, for the benefit of the Association, the right to grant additional easements and rights-of-way over the Property to utility companies and public agencies as necessary or expedient for the proper development of the Property. 10.2.1 Imarovement of Drainage and Utility Easement Areas No permanent structures or Improvements shall be constructed on any drainage or utility easement areas which would interfere with or prevent the easement from being used for it's intended purpose. Landscaping and fences in these easement areas are permitted in this Declaration if they do not interfere with the use of the easement. ARTICLE 11: MISCELLANEOUS 11.1 Term. The easements granted in this Declaration shall be perpetual. These CC&R's shall run with the land, and remain in effect, until December 31, 2025, unless amended as provided. After December 31, 2025, these CC&R's shall be automatically extended for successive periods of ten (10) years each, unless amended or terminated by a recorded instrument executed by Members holding at least three-fourths (3/4) of the voting power of the Association. The Association shall not be dissolved without the prior written approval of the City of Meridian. 11.2 Amendment By Grantor. Until the recording of the first deed to a Building Lot, the provisions of this Declaration may be amended, modified, clarified, supplemented, added to or terminated by Grantor alone by recording a written instrument setting forth such amendment or termination. 11.3 Amendment By Owners. Any amendment to this Declaration, shall be by an instrument in writing signed and acknowledged by the President and Secretary of the Association certifying and attesting that such amendment has been approved by the vote, or written consent, representing two thirds (2/3) or more of the votes in the Association. Any amendment shall be effective upon recording with the County Recorder of such amendment. DEVLIN PLACE SUBDIVISION CC&R'S Page 27 of 29 '`, '1 11.4 Effect of Amendment. Any amendment of this Declaration approved in the manner specified above shall be binding on all Owners and all Property, notwithstanding that some Owners may not have voted for or consented to such amendment. Amendments may add to and increase the covenants, conditions, restrictions and easements applicable to the Property but no amendment shall prohibit or unreasonably interfere with the allowed uses of any Owner's property which existed prior to the said amendment. 11.5 Annexation of Additional Area. Declarant shall have the right to annex and include additional and similar areas owned by Declarant into these Declarations and to make these additional areas subject to the jurisdiction of these CC&R's and the Association. Declarant may annex these additional areas by recording a "Notice of Annexation" with the County Recorder describing the additional property to be annexed and referring to these Declarations and specifically stating in the notice any other or modified or additional restrictions that apply to the additional lands. Upon recording of the Notice of Annexation, these CC&R's shall apply to the additional lands (as added to or modified by the Notice of Annexation) as if the additional land were originally covered by this Declaration. Thereafter, the rights, privileges, duties and liabilities of all parties with respect to the additional lands and the lands described in this Declaration will be governed by these Declarations and the Notice of Annexation as if all had been done together originally. The Association shall manage all the lands together. 11.6 Mortgage Protection. No amendment of this Declaration shall operate to defeat or render invalid the rights of the beneficiary under any first deed of trust made in good faith and for value, and recorded prior to the recording of such amendment, provided that after foreclosure of any first deed of trust such Building Lot shall remain subject to this Declaration, as amended. 11.7 Notices. Any notices required by these CC&R's shall be in writing and may be delivered either personally, by mail, or by overnight courier. Delivery shall be complete when served personally, posted prepaid at the Post Office or delivered prepaid to the overnight courier. Notices shall be sent to Owners at the address of the property or if the Owner has given a different address to the Association in writing then notices shall be given to that address. Such address may be changed from time to time by notice in writing to the Association. Notices to the Grantor and to the Association shall be given to that address of Grantor on Page One until Owners are given notice in writing of another address for notice. DEVLIN PLACE SUBDIVISION CC&R'S Page 28 of 29 11.8 Enforcement and Non-Waiver. These CC&R's may be enforced by Declarant, the Board, the Association or any Owner. Failure to enforce any of the terms of this Declaration at any time shall not be a waiver of the right to do so thereafter. Nothing contained herein shall be construed as an obligation of the Declarant, Board, or Devlin Place Neighborhood Association to enforce any of these CC&R's. Neither Declarant, Board nor Devlin Place Neighborhood Association shall have any liability of any kind to any person or Lot Owner for failing to enforce any of these CC&R's. 11.9 Successors and Assigns. All references herein to Declarant, Owners, the Association or person shall be construed to include all heirs, successors, assigns, partners and authorized agents of such Grantor, Owners, Association or person. DATED THIS ~~- da of Y ~~e~ 1998. D. W. Inc. an Idaho Corporation By w\ Q Title ~' ,~,~-- STATE OF IDAHO, ~ ss. COUNTY OF A,DA, ) On this day of , 19 ~t~before me a notar y public m and for said State, personally appeared Daniel A. Wood, known or identified to me to be the President of D.W. Inc. the corporation that executed the foregoing instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate a written. PATTY i. CHUPP ota Public for Idaho ~ NOTARY PUBLIC x~ Residing i ,Ida o STATE OF IDAHO My Commission Expires: Sly ad My Commis'bn Expir~a 6~8-2004. DEVLIN PLACE SUBDIVISION CC&R'S Page 29 of 29 !r ~J.~-•B , ineers Surveyors Planners Project: 11298 Date: Updated: April 29, 1998 PARCEL DESCRIPTION FOR DEVLIN PLACE SUBDIYI51ON A parcel of land lying within the East 1 /2 of the Southwest 1 /4 of Section 2, T,3N., R.1W., B.M., Meridian, Ada County, Idaho, more particularly as follows: Commencing at a found brass cap monumenting the Southwest comer of said Section 2; thence Easterly along the Southerly boundary tine of said Section 2, South 68°38'31" East 1,326.75 feet to the Southwest comer of said East 1 /2 of the Southwest 1 /4, said corner also being the Southeast comer of Sunburst Subdivision No. 2 as shown on the official plat thereof in Book 60 of Platr at page 58941n the records of Ada County, Idaho; thence leaving said section line along the Westerly boundary of said East 1 /2 of the Southwest 1 /4 and Easterly boundary of said Sunburst Subdivision No. 2, North 00°17'24" East 887.01 feet to a 2" iron pipe, said point being the REAL POINT OF BEGINNING; thence continuing along the Westerly boundary of said East 1 /2 of the Southwest 1 /4, said line atso being the Easterly boundary of said Sunburst Subdivision No. 2 and the Easterly boundary of Sunburst Subdivision No. 4 as shown on the official plat thereof in Book b2 of Plats at page 6217 in the records of Ada County, Idaho, North 00°17'24" East 1,257.14 feet to an iron pfn marking anon-tangent curve to the left, said pin marking the Southeast comer of Lot 14 of Block 4 of Kentfield Manor Subdivision as shown on the official plat thereof in Book 68 of Platr at page 6913 in the records of Ada County, Idaho, said comer also being on the Northerly right of way Tine of West Chateau Drive; thence along said curve a distance of 97.43 feet, said curve having an interior angle of 20°40'29", a radius of 270.00 feet and a long chord bearing of North 80°38`Z2" East 96.90 feet to a point of tangent curve to the right, said point being monumented with an iron pin; thence along said curve a distance of 115.12 feet, said curve having an inteNor angle of 19°59'16", a radius of 330.00 feet and a tong chord beating of North 80°17'46'` East 114.54 feet to an Iron pin; thence South 89°42'36" East 106.37 feet to an iron pin; thence North 88°34' 15" East 100.00 feet to an iron pin monumenting the Southwest comer of Lot 1 of Block 14 of Sunnybrook Farms Subdivision No. 4 as shown on the official plat thereof in Book 53 of plats at page 4682 in the records of Ada County, Idaho, said comer also being on the Northerly right-of-Way line of West Chateau Drive; E+ti~~t A ~.~~~ ~,~.~.8 /~ .~ ' ineers Surveyors Planners Parcel Description Updated: April 29, 1998 Page 2 thence along a line parallel with the Westerly boundary of said East 1 /2 of the Southwest 1 /4, said line also being the Westerly boundary of said Sunnybrook Farms Subdivision No. 4 and the Westerly boundary of Sunnybrook Farms Subdivision No. 2 as shown on the official plat thereof in Book 46 of Plats at page 37681n the records of Ada County, Idaho, South 00°17'24" West 1,296.26 feet to an trop pin; thence leaving said Westerly boundary North 89°42'36" West 414.65 feet to the REAL POINT OF BEGINNING. Said described parcel containing 12.23 acres, more or less. END OF DESCRIPTION GAt:lhc f:\projects\112981admin\legals\final revised.doc Gary A. Lee, P.E./L.S. ~ rJ~ E~~~9ga Prepared by: J-lJ-B ENGINEERS, Inc. (~^~/ ~J`' ' ~./ f~AMP'A 8~ iUI~R1DIAN IRRfGATION DISTRIt, ' RECORDED-RECUC ~ t1F ,-. aA~r,U uAY,~Rf;~1 E;Ols.lp~~,o FEE OEFUTY 199BAU-6 A~#8=s~ 98D7~398 AGREEMENT FOR PRESSURIZED URBAN IRRIGATION SYSTEM (PUTS) WITH RESTRICTIVE COVENANTS RUNNING WITH THE LAND WITNESSETH In consideration of the covenants, promises and conditions contained herein it is mutually understood and agreed as follows: 1. PARTIES: 1. Nampa & Meridian Irrigation District ("District") whose address is 1503 First Street South, Nampa, Idaho 83651. 2. D.D.& F., an Oregon General Partnership (hereinafter referred to as "D:D.& F.") whose address is 501 SE Columbia Shores Blvd. Suite 300, Vancouver, WA 98661. 3. D.W. Inc, an Idaho Corporation (hereinafter referred to as "D.W. Inc. ") whose address is 13141 W. Bluebonnet Court, Boise ID 83713. 2. PROPERTY SUBJECT TO THIS AGREEMENT• COVENANT RUNNING WITH THE LAND; OWNERS SEPARATE AGREEMENT• This Agreement covers three parcels of property in Ada County, Idaho as follows: 2.1 Parcel 1. This parcel is 8.05 acres and is legally described in Exhibit 1 attached. This parcel is planned by D.D.& F. to be developed as a site for offices and/or assisted living facilities or the like. PUIS AGREEMENT-DEVLIN PLACE SUBDIVISION ET AL Page 1 of 9 2.2 Parcel 2. This parcel is 12.23 acres and is legally described in Exhibit 2 attached. This parcel is planned to be developed by D.W. Inc. as a single family housing subdivision known as Devlin Place Subdivision. 2.3 Parcel 3. This parcel is 4.6 acres and is legally described in Exhibit 3 attached. This parcel is planned to be dedicated to the City of Meridian and used as a public park. All three parcels will utilize irrigation water from District through the Pressurized Urban Irrigation System (hereinafter "PUIS1 as set out in this Agreement. Each owner of Parcels 1, 2 and 3 agrees to abide by and to be bound by the terms of this Agreement. This Agreement shall be a perpetual covenant running with the land and shall become effective upon recording. In the event that any of the legal descriptions of the properties hereto are altered from the legal descriptions attached hereto the parties agree to amend this Agreement to provide for the correct legal descriptions. 2.4 SEPARATE AGREEMENT AMONG OWNERS PUMP STATION It is understood and agreed by the parties to this Agreement that the Owners of Parcels 1, 2 and 3 intend to, or have entered into, a separate agreement whereby they purport to agree that D. W. Inc. shall construct the pump station and pressurized irrigation lines to the various properties. It is PUTS AGREEMENT-DEVLIN PLACE SUBDIVISION ET AL Page 2 of 9 h expressly understood and agreed by the parties hereto that District shall have no responsibility, duty or obligation with regard to the Owners' agreement as to the construction of the pump station or pressurized irrigation lines to the subject properties. 3. PRESSURIZED URBAN IRRIGATION SYSTEM (PUIS1 OWNERSHIP BY DISTRICT: The Pressurized Urban Irrigation System (PUIS? is that system of pumps, pipes, and other irrigation and water works constructed by the owners of Parcels 1, 2 and 3 pursuant to a construction contract for the purpose of supplying and distributing District's irrigation water to Parcels 1, 2 and 3. As set out in the Construction Agreement, the development of Parcels 1, 2 and 3 shall occur separately. As the PUIS on each parcel is developed, each owner shall transfer title to all portions of the PUIS system on that parcel to District. The main pumping station for the PUIS will be built on a separate lot in Devlin Place Subdivision and this lot shall be deeded and transferred to District free of liens. The entire PUIS system shall be owned and operated exclusively by District. 4. OPERATION AND MAINTENANCE BY DISTRICT• District shall, pursuant to Idaho Code Section 43-330F, maintain, repair, operate and replace the PUTS system. 5. ASSESSMENTS TO EACH LOT OR PARCEL• Parcels 1, 2 and 3 shall PUIS AGREEMENT-DEVLIN PLACE SUBDIVISION ET AL Page 3 of 9 ,~ _ rv be assessed by District and each owner shall pay such assessment as provided by Idaho Code 43-330 F. Such assessment shall defray the cost and expenses of such operation, maintenance, repair or replacement of the PUTS system. The pro- rata share to be assessed to each property shall be on the ratio between the acreage in that property and the total acreage in all properties served by the PUTS. 6. DAMAGE TO PUTS SYSTEM: Any owner who causes any damage to the PUTS system shall be responsible to reimburse District for the costs of any repairs. 7. CROSS CONNECTS PROHIBITED: No owner, tenant or occupant of any parcel or lot shall install any cross connections or tie-ins, or allow any to exist on a parcel or a lot, between the PUIS system referred to in this agreement and any other pipes, conduits or water systems whether such other systems are carrying potable domestic water or carrying other used, waste or irrigation water. The owner of any cross connects shall have #ull liability and responsibility for any losses, injuries or damages caused by or related to that cross connection. District, (or its designated agents) shall have the right at any time to go onto any lot or parcel of the property covered by this Agreement and remove any unapproved cross connections PUTS AGREEMENT-DEVLIN PLACE SUBDIVISION ET AL Page 4 of 9 and an easement is specifically granted therefore. The cost of removal of any unapproved cross connects shall be paid by the owner of the parcel or lot where the unapproved cross connect was located. 8. SEASONAL WATER UNRELIABLE• NO LIABILITY• The area of the country where these properties are located is desert. Irrigation water is not always reliable. Irrigation water, or supplemental water under paragraph 8.1 may not be available due to drought, harsh weather conditions, government actions or other causes. Neither the District nor the Owners of the parcels, shall have any liability to any parcel or lot owner, tenant or any others for any damages to, or loss of lawns, landscaping or the like caused by the lack of water. Each owner accepts the risk of loss or damage due to the shortage or lack of water. 8.1 SUPPLEMENTAL WATER• Supplemental water wwater provided before and after the regular irrigation season) to these properties will be provided by the City of Meridian. All costs associated with supplemental water shall be a cost of operation, maintenance, repair or replacement. Each property will be assessed for supplemental water regardless of whether or not water is actually used on the property or the quantity of water used. 9. STATUTORY REQUIREMENTS OF IDAHO CODE § 43-3306: The PUTS AGREEMENT-DEVLIN PLACE SUBDIVISION ET AL Page 5 of 9 - ~: '''~ following provisions are included in this Agreement as required by Idaho Code § 43-3306. A. The cost of construction of the irrigation system has been, or shall be, paid in full by the Developer of each respective parcel. B. Any portion of the cost of construction that is not paid upon completion of construction shall constitute a lien against the parcel where the construction has occurred, securing payment of the balance of the construction cost and payment of interest on any deferred installments of the construction cost. C. There are no annual payments anticipated to be made by each parcel or lot owner on the deferred balance of the construction costs. D. Any annual installment payments shall be included in the annual assessments levied by District against each parcel or lot, and the levy and collection of those installments shall be, as nearly as practicable, in accordance with the assessment, levy and collection of other assessments levied upon lands in Nampa & Meridian Irrigation District. E. Any deferred annual installment payments of principal and accrued interest, if any, may be prepaid in whole or in part at any time without penalty, but any prepayment of principal shall be not less than one-half of the amount of the annual installment payment of principal next coming due, but the prepayment privilege authorized by this subparagraph shall not be applicable where the construction costs have been financed through a local improvement district. F. If the pumping station and pipeline serving the property described herein also serve other lands, the cost of the pumping station and pipeline has been apportioned by District to all lands which are planned to be served by the pumping station, so that each acre of irrigable land to be served by the pumping station will be assessed and required to pay the same amount. PUIS AGREEMENT-DEVLIN PLACE SUBDIVISION ET AL Page 6 of 9 G. GRANT OF EASEMENT TO DISTRICT. District is hereby granted an easement for the installation, operation, maintenance, repair and replacement of those portions of the irrigation system located on any portion of the parcels described herein. The location of the easement shall be determined by the location of the pipelines and other facilities, as finally installed, and the width of the easement shall be five (51 feet on either side of the centerline of each pipeline, for a total of ten (10) feet. 10. SUCCESSORS: This Agreement shall be binding upon, and inure to the benefit of, the heirs, personal representatives, successors and assigns of the parties hereto; and shall be binding upon all lot owners, tenants and occupants of the lots in the subdivision. 11. PREPARATION FEES: Developer shall pay all of the District's attorneys fees related to the preparation of this Agreement. 12. ATTORNEYS FEES: In the event of litigation over the terms of this Agreement or the enforcement of any of the terms of this Agreement the prevailing party shall be entitled to reasonable attorneys fees and costs. D.D.& F an Oregon General Partnership Date: ~~l~Q$ By Title l r' By Title PUIS AGREEMENT-DEVLIN PLACE SUBDIVISION ET AL Page 7 of 9 '~ D. W. Inc. an Idaho Corporation By~. ~ Title ~ NAMP ME N I RIB By ;~:: ~.. A'I~~F~~. M F~ ., 1~ ~rtiTk~ . "~;~. i~ c . :, ~ .. rs , tf- ,~ , ae do ~ ~ ~ ~ ~ ~ ~ ~ . ~' ~ A ~ ~ J a . /~'" ~ .~ ~J.~ ~ I~ '? L ~ STATE OF IDAHO, ) ( ss. COUNTY OF ADA, ) ION DISTRICT ~1,% Date: '~ ~(.~ On this ~ day of 1 ~ before me, a notary public in and for said State, personally peared Dan Woods, known or identified to me to be the President of D.W. I c. the corporation that executed the , foregoing instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have official seal, the day and year in this ,;,,,~tt~~t,,.,.., nt set my hand a ,,~'~fiXed ~my,;~<~~; , '•. ,J~ ificate first above w Ott ~;' ~' 9d~~ •, _ - 1 N Public or Idsaho %~ ..... ~'' ~ es' ing in Boise, Idaho ~ '~` `> >'~,~~~'' u t t 1!t' Commission Expires: 1~~~ PUTS AGREEMENT-DEVLIN PLACE SUBDIVISION ET AL Page 8 of 9 STATE OF (~l ~+~a4rd~- ( ss. COUNTY OF~G4,2~~ ) On this/.S~ day of 19 ~~ before me, a notary public in and for said State, personal) appeared ~ L•LI P ~, ebb ~ ~ known or identified to me to be the 1~it13/i~l(~/~ of .D. & F. General Partnership, the partnership that executed the foregoin instrument and acknowledged to me that such partnersfi~p executed the same. ,:~ ,y ,~v,.-n~~~S WHEREOF, I have hereunto set my hand and affixed my ~ca~#`abseaf;,~t~>rr-^day and year in this certificate first above written. . ~ •,, , ..., c. ~, ,,,, . - F.7 W~ G~ ~- o~ • -~ ••• '. Notary Public for~aho(,rJa/~~~d~ ~ a ~/ ~,~~.. ~ Residing in o ~~~~, w ~{ My Commission Expires: STATE OF IDAHO ) ) ss: County of Canyon ) On this ~ day of 199, before me, the undersigned, a Not ry Public in and for said S to personally a geared and J~~/1~J1~ ,P ~ . ,known to me to be the resident and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my gffi,cial seal, the day and year in this certificate first above written. ~,',,~ " NN~O ~~ ~ ~~' ~''~ I C..~ oTA~p ti •= ~ ~~ ~ ~ // ? ; ~ ks -•- :~ i g Notary Public for Idah Residing at Idaho ~,',~°UBL1G.t0 ~s My Commission Expires: •-- PUIS AGREEMENT-DEVLIN PLACE SUBDIVISION ET AL Page 9 of 9 ~~ ~-~~u~B, Engineers Surveyors Planners ,~ Project: 11311 Date: June 18 1997 PARCEL 1 LAND SITUATED IN ADA COUNTY A!l that certain real property situated in Section 2, T.3N, R. iW., B.M. Ada County, Idaho, described as follows: A portion of the W i /2 of the Ei /2 of the SW i /4 as shown on Record of Survey No. 3916 filed as Instrument No. 97047432 dated June 16, 1997, of Ada County Records further described as follows: Commenting at a found Brass Cap Monument marking the SW comer of Section 2 from which a found Brass Cap Monument marking the 1 /4 comer of 5ectlons 2 and 11 bears South 88°38'31" East, 2,553.49 feet; ® thence South 88°38'31" East 1 3 _ 26.75 feet to ~ set 516 inch iron pin with cap stamped "G. A. Lee, PE/L5 3260" marking the W 1 /16 corner and the Southeast corner of Sunburst Subdivision No. 2 as filed in Book 60 of Plats, page 5894, Ada County Records; thence along the West 1 /16 line and East boundary line of said Sunburst Subdivision No. 2 North 00°17'24" East, 45.00 feet to a set 5/8-inch iron pin with cap stamped "G. A. Lee, PE/LS 3260" marking the Southwest corner of Parcel 1 on the North right-of-way of West Cherry Lane and the REAL POINT OF BEGINNING; thence continuing along said West l/ib tine and East boundary fine of Sunburst Subdivision No. 2 ~ n North 00°17'24" East, 842.01 feet to a set 5/8-inch iron pin with cap stamped "G. A. Lee, PE/LS 3260" V marking the Northwest corner of said Parcel 1; thence South 89°42'36" East, 414.65 feet to A set 5/8•inch iron pin with cap stamped ''G. A. Lee, PE/LS 32b0" marking the Northeast comer of said Parcel 1, on the West boundary line of Sunny Brook Farms No. 2 as filed in Book 46 of Plats, page 3768, Ada County Records; thence along the West boundary line of said Sunny Brook Farms No. 2, South 00°17'24" West, 149.90 feet to a found 5/8-inch iron pin with tap stamped "J-U-B" at the Southwest corner of said Sunny Brook Farms No. 2; thence along the West boundary line of Sunny Brook Farms No. 1 as ftled Book 44 of Plats, page 3604 South 00°17'24" West, 699.84 feet to a set 5/8-incti iron pin with cap stamped "G. A. Lee, PElLS 3260" marking the Southeast corner of said Parcel 1 on the North Hght-of-way of West Cherry Lane; thence along the North right-of-way of West Cherry Lane North 88°38'31" West, 414.73 feet to the Southwest comer of said Parcel 1 and the REAL POINT OF BEGINNING; Said parcel contains 8.05 acres, more or less. ~~~~j • r'~, • ,~ ~~ !`,~~•B~ Eng~ets Surveyors Planners Parcell June 18, 1997 Page 2 SUBJKT TO: A!l existing easements and road rights-of•way of record or appearing on the above-described parcel of land. C~ 0 GAL:ckc Gary A. Lee, P.E./L.S. n F:lprojects111311\adminlparcett.doc r Prepared by: J-U-B ENGINEERS, Inc. f Vl ineers Surveyors Planners r. , Project: 11298 Date: Updated: April 29, 1998 PARCEL DESCRIPTION FOR DEVLIN PLACE SUBDIVISION ~. A parcel of land lying within the East 1 /2 of the Southwest i /4 of Section 2, T.3N., R. f W., B.M., Meridian, Ada County, Idaho, more particularly as follows: Commenting at a found brass cap monumenting the Southwest corner of said 5e~ction 2; thence Easterly along the Southerly boundary line of said Section 2, South 88°36'31" East 1,326.75 feet to the Southwest corner of said East 1 /2 of the Southwest f /4, said comer also being the Southeast comer of Sunburst Subdivision No. 2 as shown on the offitial plat thereof in Book 60 of Pints at page 5894 in the records of Ada County, Idaho; thence leaving said section ltne along the Westerly boundary of Bald East 1 /2 of the Southwest 1 /4 and Easterly boundary of said Sunburst Subdivision No. 2, North 00°17`24" East 887.01 feet to a 2" iron pipe, said point being the REAL POINT OF BEGiNNINd; •. thence continuing along the Westerly boundary of said East f /2 of the Southwest f /4, said tine also being the Easterly boundary of said Sunburst Subdivision No. 2 and tht, Easterly boundary of Sunburst Subdivision Nd. 4 as shown on the offitial plat thereof in Book 62 of Plats at page 621 in the records of Ada County, Idaho, North 00°17'24" East 1,257.14 feet to an iron pin marking anon-tangent curve to the left, said pin marking the Southeast comet of Lot 14 of Block 4 of Kentfield Manor Subdivision as shown on the official plat thereof in Book 68 of Plats at page b413 in the records of Ada County, Idaho, said comer also being on the Northerly right of way line of West Chateau Drive; thence along said curve a distance of 97.43 feet, said curve having an interior angle of 20°40'29", a radius of 270.00 feet and a long chord bearing of North 80°38`22" East 96.90 feet to a point of tangent curve to the right, said point being monumented with an iron pin; thence along said curve a distance of 115.12 feet, said curve having an interior angle of 19°59`16", a radius of 330.00 feet and a long chord bearing of North 90°17'46'` East 114.54 feet to an iron pin; thence South 89°42'36" East 106.37 feet to an iron pin; thence North 88°34'15" East 100.00 feet to an iron pin monumenting the Southwest comer of Lot 1 of Block 14 of Sunnybrook Farms Subdivision No. 4 as shown on thrt offitial plat thereof in Book 53 of Plats at page 4682 in the records of Ada County, Idaho, said corner also being on the Northerly tight-of-way line of West Chateau Drive; .~", u•B -ineers SurYeYore Planners Parcel Oescriptlon Updated: Aprlt 29, 1998 Page 2 thence along a line parallel with the Westerly boundary of said East i l2 of the Southwest i /4, said tine also being the Westerly boundary of satd Sunnybrook Farms Subdivision No. 4 and the Westerly boundary of Sunnybrook Farms Subdivision No. 2 as shown on the offlcia! plat thereof to Book 46 of Plats at page 3768 in the records of Ada County, Idaho, South 00°f7'24" West 1,296.26 feet to an iron pint thence leaving said Westerly boundary North 89°42'3b" West 414.65 feet to the REAL POINt OF BEGINNING. Said described parcel containing 12.23 acres, more or less. END OF DESCRIPTION GAL:Ihc f:lprojectsU f 29s1achninllegals~ffnal revised.doc Prepared by: Gary A. Lee, P.E./L.S. r J-U-B ENGINEERS, inc. ~'~~u sera. Surveyors Planners ,.- Project: 11311 Date: June 18, 1997 Revised: September 5, 1997 PARCEL 3 LAND SITUATED IN ADA COUNTY Alt that certain real property situated in Section 2, T.3N, R.1W., B.M. Ada County, Idaho, described as follows: A portion of the W 1 /2 of the Ei /2 of the SW 1 /4 as shown on Record of Survey No: 3916 filed as Instrument No. 97047432 dated June 16, 1997, of Ada County Records further described as follows: Commencing at a found Brass Cap Monument marking the SW comer of Section 2 from which a found Brass Cap Monument marking the 114 comer of Sections 2 and 1 i beats South 88 38 31 East, 2,653.49 feet; thence South 8B°38'31" East 1,326.75 feet to a set 5/8-inch iron pin with cap stamped "G. A. Lee, O PE/LS 3260", marking the W 1116 corner and the Southeast comer of Sunburst Subdivision No. Z as filed in Book 60 of Plats, page 5894, Ada County Records; thence along the West i /16 line and East boundary line of said Sunburst Subdivision No. 2 and the East boundary line of Sunburst Subdivision No. 4 as flied in Book 62 of Plats, page 6217, Ada County Records, and the East boundary line of Kent Field Manor as filed in Boots 6B of Plats, page b913, Ada County Records, North 00°17'24" East, 2,144.15 feet to a found 1 /2-inch iron pin with cap stamped "LS 4931" on the North right•of-way of West Chateau Drive, marking the Southwest corner of Parcel 3 ahd the REAL POINT OF BEGINNING; thence continuing along said West 1 /16 line and said East boundary line of Kent f=ield Manor North 00°17'24" East, 511.98 feet to a found 5/8-inch iron pin with cap stamped "LS 4931" marking the CW 1 /16 corner and the Northwest corner of said Parcel 3; thence along the 1 /4 Seaton line South 89°12'32" East, 414.67 feet to a set 5/8-inch iron pin with cap stamped "G. A. Lee, PE/LS 3260" marking the Northwest corner of Sunny Brook Farms No. 4 as filed Bvok 53 of Plats, page 4682, Ada County Records, and the Northeast comet of Parcel 3; thence along the West boundary line of said Sunny Brook Farms No. 4, South 00°17'24" West, 469.23 feet to found 1 !2-inch iron pin with no cap on the North Nght-of-way of West Chateau Drive marking the Southeast corner of said Parcel 3; thence South 88°34'15" West, 100.00 feet to set 518-inch iron pin with cap stamped "G. A. Lee, PE/LS 3260"; thence North 89°42'36" West, 10b.37 feet to a set 5/8-inch iron pin With cap stamped "G. A. Lee, PE/LS 3260"; thence along a tangent curve to the left With delta 19°59'16", radius 330.00 feet, tangent length 58.15 feet, arc length 115.12 feet and chord bearing South 80°17'46" West, 114.54 feet to a set 5/8-inch iron pin with cap stamped "G. A. Lee, PE/L5 3260" and marking a point of reverse curvature; A ~ t ~c ~~~` . ~ ~-. _. ~~ ~ r f Engineers 8arv~ Planners C~ Parcel 3 ' June 18, 1997 Revised Septemt~er 5, f 997 Page 2 thence along said reverse curve with delta 20°40'29", radius 270.00 feet, tangent length 49.25 feet, arc length 97.43 feet, and chord bearing South 80°38'23" West 46.90 feet to found 1 /2-inch iron pin with cap stamped "LS 4931" marking the Southwest corner of said Parce! 3 and REAL POINT OF BEGINNING; Said parcel contains 4.60 acres, more or less. SUBJECT 70: Al! existing easements and road rights-of-way of record ar appearing on the above-described parcel of land. 0 p GAL:ckc ~ jJ F:\projects\11311\admin\Revised Parcei 3 Prepared by: J-U-B ENGINEERS, Inc. 3"2 G ~~~~~~ ~f OF 11 Gary A. Lee, P.E./L.S. 3 f ECECOz'1GED - ft"cQUEST 0~ 5 t s.,,, d' ,r ~ I •, ~1 ~ ~~; "~~~°~~*"~e~~ `!~ Cor t~Q,n~ Qf t q4,rs RS _ ,T\~ `~ ~~~ ~ I~~ ~ic~il~aT' ~9 r~~9~~>C~~ 8 I ~ ~ 9 7 . ~~~ .,, ~~~~~ DECLARATION OF ~~~} ,~~ COVENANTS CONDITIONS AND RESTRICTIONS . `^:.4~~ FOR DEVLIN PLACE SUBDIVISION (Originally Recorded as Instrument Na. 98107515) THIS Correction of Errors in that original DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for Devlin Place Subdivision is made by D.W. Inc., an Idaho corporation, (hereinafter "Grantor") whose address is 13141 W. Bluebonnet Ct. Boise, Idaho 83713. 1. Original Declaration. The Original Declaration of Covenants, Conditions and Restrictions for Devlin Place Subdivision was recorded by Grantor in Ada County on the 9th day of November, 1998 as Instrument No. 98107515. 2. Errata in Original Declaration. In the original Declaration there are typographical errors in the designation of certain Lot and Block Numbers. These errors are noted herein and are hereby corrected by Grantor as follows: Pag e 3. Section 3.8: Lot 1 Block 1 should read Lot 1 Block 2; Lot 19 Block 1 should read Lot 19 Block 2; Lot 2 Block 1 should read Lot 2 Block 2; Pag e 8. Section 4.22: Lot 1 Block 1 should read Lot 1 Block 2. DATED THIS 1~~ day of 1 ggg, D. W. Inc. an Idaho Corporation BY `~~~-~~ ~ ~ ~ Title - z,,-~ STATE OF IDAHO, ) ( ss. COUNTY OF ADA, ) On this/~~day of 199 before me, a notary public in and for said State, personally appeared Daniel A. Wood, known or identified to me to be the President of D.W. Inc. the corporation that executed the foregoing instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notar ublic for Idaho PATTY I. CHUPP Residing in~p~ ,Idaho ~ NOTARY PUBLIC ~ MY Commission Expires: S/~~av~rc~ STATE OF IDAHO My Commission Expirss 5-8-2004. CENTRAL • • DISTRICT - x. ~ ~ DEPARTMENT To prei~ent acrd treat disease acid disabili!y; to prrnno!e healthy kfAty~Qs FaCEd io protect and ~. mote tB01E, I~ 83704-0825 ~ (208) 3i5-5211 • FAX 327-85GG 1 tE ltea.th a:rd quality of our ein~ironment. 01-o59s DECEIVED August 15, 2001 ~~~~ a ~ ~~o~ David Navarro ~~~ ~ ©~, ~~v~F~~~'~~?.IA~ Ada County Recorder 650 Main Street Boise, ID 83702 RE: Delvin Place #2 Subdivision Dear Mr. Navarro: Central District Health Department, Division, has .reviewed and does a Environmental Health subdivision for central water andppentralhsewerafaciliti Final a plat on this pproval was given on August 15, 2001. es. No lot size may be reduced without Department authority, prior approval of the Health If you have any questions, please call 327-8528. Sincerely, -'' ~ ~~~ Michael H. Reno Senior Environmental Health Specialist cc: Department of Housing and Urban Development City of Meridian D. W., Inc. J-U-B Engineers, Inc. MR:bm Ada i 8c~se'°oun~1 0(fice - .hrr ~r;~ 6'alte . <_Itr7nre '--__._,~.. i~ , x~t/I:Se, fes'fi' '~C:w ~ t;,r~si:~c=s• ~,i _. . ~ ____ ..L ~L3 _., JCL CL K! _ -i' Ji i' :T3 ^t,~ i.~ Uii?V ~, f`: f~F ~Y i ~r'nq 3~7 ~40~J `- ~~ 5 ?a ~cn,: 327 X4„0 r°X 4 .455 r, ~~_ ~ u ~ ~ ,~2~ '~ u r a .ion:37-74b^ r ~miP, u~ir~ci-4407 ~4ar ,~ c - . 4~ry f~~-scc __ =s2. ~`aI1~Y CGUtI t}' o1i1Ce '~ ~- ' s' S?reef a n sox 144 "c ~ .D 630 ~^ 634-;~vu =~,~ c ~.4.2 ~ ~~ February 1, 2001 P P 00-025 MERIDIAN CITY COUNCIL MEETING February 6, 2001 APPLICANT J-U-B Engineers ITEM NO. 12 REQUEST Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone for proposed Devlin Place No. 2 -south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached P&Z Item Packet See attached Recommendation ~, '~ ~L•~..-... ~ ~ ,. ~~~ ~ ~ ~~- ~~ ~ , ~~~ c;1'~ ~1n ~! v OTHER: Contacted: '~ ~u-,~P Date:,,2 ~--G~ Phone: ~~~i ~ ~~ Materials presented at public meetings shall become property of the City of Meridian. WHITE PETERSON WHITE, PETERSON, MORROW, VIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E DINI[IS CHIZi$7DPHER S. NYE JULIE KLEIN F[sc[-tFR PInLrP A. PE~soN WM. F. GICRAY, UI ERIC S. ROSSMAN BRENT J. JOHNSON TODD A. ROSSMAN D. SAMUFI. JotuasoN DAYm M. SWARTLEY LARRY D. MOORS TERRENCE R WHITE*i WILLIAM A. MORROW NICHOLAS D. WOLLEN WII,LIAM F. NICHOLS* *Also admitted in OR •'~ Also admitted in WA ATTORNEYS AT LAW 200 EAST CARLTON AvE., SCnTE 31 POST OFFtcE Box1150 MERIDIAN, Inaxo 83680-1150 NAMPA OFFICE 5700 E. FRAxKLIx RD. SUITE 200 NAMPA, IDAHO 83687-8420 TEL. 208)466-9272 FAX (~OS) 466405 To: Staff Applicant Affected Property Owner(s) Re: Application Case No. T¢ (208) 288-2499 FAx (208) 288*2501 E-Man.: @wPPMC.coM January 16, 2001 PP-00-025 PLEASE REPLY TO MERIDIAN OFFtcE R~CEIV~D JAN 18 2001 CITY OF MERIDIAN FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findin s and Recommendations of the Planning and Zoning Commission shall be presented to the ~ity Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Pla>iuung and Zoning Commission; and That you carefull complete (be sure it is legg~~'ble) the Position Statement if you dxsa ee with the Findings and72ecommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pprepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, pplease present your Position Statement to the City Council at the hearing, along with eight (8) copies. The copp><es will be ppresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a ggrroup, it is strongly recommended that one Position Statement be filled out for the group, wfiich can be signed by the representative for the group. Ve truly yo s, ...___. // City Attorney's ice lye .-. BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR DEVLIN PLACE N0.2, Case No. PP-00-025 RECOMMENDATION TO CITY COUNCIL JUB ENGINEERS, Applicant 1. The property is approximately 5.17 acres in size and is generally located on the north side of Cherry Lane, east of Ten Mile Road in Meridian, Idaho. 2. The owner of record of the subject property is Dan Wood of Boise. 3. The Applicant is JUB Engineers of Boise, Meridian, Idaho. 4. The subject property is currently zoned L-O. However, there is an application before City Council for a Rezone to R-4. The zoning of R-4 is defined within the City of Meridian's Zoning and Development Ordinance Section 11-7-2. 5. The subject property is within the city limits of the City of Meridian. 6. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 7. The Applicant proposes to develop the subject property in the following manner: 16 residential building lots and 4 common lots. 8. There are no significant or scenic features of major importance that RECOMMENDATION TO CITY COUNCIL - 1 PRELIMINARY PLAT -DEVLIN PLACE N0.2 BY JUB ENGINEERS '~ ~"~ affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the preliminary plat as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 The main issue with the plat is that it does not include the entire 8-acre parcel, and the City does not recognize the lot split done by D.W., Inc. During the pre-application meeting, staff recommended that the plat include the entire 8 +/- acres. The plat submitted includes only the 5.17 acres purchased by D.W., Inc. from D.D. ~ F. Since the split was never done as part of a legal subdivision process, staff continues to recommend that the plat be modified to include the remnant parcel owned by D.D. & F. If, however, the Commission and Council opt to allow this plat to proceed as currently proposed, the remnant parcel will be required to do a one-lot subdivision to clean up the public record. 1.2 Applicant shall submit a letter from the Ada County Street Name Committee, approving the subdivision and street names, with the final plat. 1.3 Applicant shall coordinate fire hydrant placement with the City of Meridian Public Worlcs Department. 1.4 Sanitary sewer service to this site will be via extensions from existing mains installed in adjacent developments. Conceptual engineering plans submitted with the preliminary plat indicate sewer mains with less than minimum slopes and cover. Sanitary sewer service to Lot 12, Bloclc 1 is questionable from the system being proposed. Subdivision designer shall coordinate main sizing and routing with the Public Worlcs Department. RECOMMENDATION TO CITY COUNCIL - 2 PRELIMINARY PLAT - DEVLIN PLACE N0.2 BY JUB ENGINEERS ~ ~-'~ 1.5 Water service to this site will be via extensions from existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. 1.6 Underground year-round pressurized irrigation shall be provided to all common landscape areas on the site. 1.7 Applicant has indicated that the pressurized irrigation system within this development is to be an extension of existing system in Devlin Place Subdivision, which is owned and maintained by the Nampa & Meridian Irrigation District. The existing system in Devlin has a single point connection to the City's domestic water system as a secondary source of water, and therefor the developer shall be responsible for the payment of water assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 1.8 The subject parcel shown currently on the plat has no street frontage, so no street buffers would be required. However, if the remnant parcel is incorporated into the plat, a 35-foot wide landscape buffer would be required along Cherry Lane. The Comprehensive Plan designates Fairview Avenue as an entryway corridor. The landscape buffer shall be placed within a permanent landscape easement beyond the future right- of-way and designated as such on the plat. 1.9 Applicant shall install a micropath on Lot 5, Bloclc 5, which is currently shown as a 20-foot sewer easement. The micropath would allow residents of the subdivision to access Cherry Lane without being forced to go around through the adjacent subdivisions. 1.10 5% common open space is required per City Ordinance 12-13-16. For the proposed 5.17-acre subdivision, a minimum of 11,260 s.f. of open space is required. The storm drainage pond, Lot 13, Bloclc 1 (approximately 8900 s.f.), can count toward the open space if it is designed in accordance with Ordinance 12-13-14. Lot 5, Bloclc 5 can also count if a micropath is developed over the sewer easement in accordance with Ordinance 12-13-15. The landscape lot on Lot 20, Bloclc 2, may also count as open space, because it is not a required street buffer, if it is planted with grass and trees for beautification of the subdivision. The applicant shall verify how they intend to comply with RECOMMENDATION TO CITY COUNCIL - 3 PRELIMINARY PLAT - DEVLIN PLACE N0.2 BY JUB ENGINEERS this requirement, and the actual area provided. 1.11 A detailed landscape plan shall be submitted for review and approval with the Final Plat application, in conformance with City Ordinance 12- 13. Aletter of credit or cash surety will be required for the improvements prior to City signature on the Final Plat. 1.12 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 1.13 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 1.14 Applicant shall provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 1.15 All construction shall conform to the requirements of the Americans with Disabilities Act. The Planning and Zoning Commission further recommend: 1.16 Lot 13 and Lot 5 and the micropath shall be landscaped to the extent possible in compliance with City ordinance. Adopt the Central District Health Department's Recommendations as follows: 1.17 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health SZ Welfare, Division of Environmental Quality. 1.18 Run-off is not to create a mosquito breeding problem. 1.19 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. RECOMMENDATION TO CITY COUNCIL - 4 PRELIMINARY PLAT - DEVLIN PLACE N0.2 BY JUB ENGINEERS ,r.,, --` 1.20 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendation of the Meridian Fire Department as follows: 1.21 All roads will be installed before building is started with appropriate street name signs. Adopt the Recommendations of the Ada County Highway District as follows: 1.22 Applicant shall extend Gemstone Drive into the site at the east property line between Lot 9, Bloclc 1 and Lot 1 Bloclc 5, as proposed, and connect it to Gemstone Drive at the west property line between Lot 13, Bloclc 1 and Lot 13, Block 5. 1.23 Applicant shall extend Higan street into the site at the north property line as proposed to connect to the proposed Gemstone Drive. Applicant shall construct Higan Street as a 29-foot street section as proposed, within 42-feet of right-of-way with parking prohibited on one side. Parking shall be restricted on one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. 1.24 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 1.25 The applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5- foot wide concrete sidewalks within 50-feet of right-of-way. 1.26 Applicant shall construct the turnaround to provide a minimum turning radius of 45-feet. 1.27 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Z:\Work\M\Meridian\Meridian 15360M\Recommendations\I'P025Devlin.wpd RECOMMENDATION TO CITY COUNCIL - 5 PRELIMINARY PLAT - DEVLIN PLACE N0.2 BY JUB ENGINEERS n January 2, 2001 P P 00-025 MERIDIAN PLANNING 8~ ZONING MEETING January 4, 2001 APPLICANT JUB Engineers ITEM NO. $ REQUEST Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres in a Proposed R-4 zone for proposed Devlin Place No. 2 Between Sunburst Subivision and Sunnybrook Farms AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE, INC: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: See attached comments See attached comments Public safety concerns No parking of vehicles, equipment or trailers in cul-de-sac No remarks No comment No comment See attached comments `~ r ~ ~ l~ ~~ ~ ~ ~ L See attached Comments See attached comments INTERMOUNTAIN GAS: OTHER: See Attached subdivision evaluation Contacted: i~..~°' L ~,t~ Date: l ~ G' Phone: °`~ Materials presented at public meetings shall become property of the City of Meridian. ~. _ HIIB OFTTi'~:~GST/RE VAI,I,EY MAYOx A Good Place to Live Robert D. Cowie CITY OF MERIDI~~N CITY COUNQL MEMBERS Ron Anderson 33 EAST IDAHO Iteirh Bird MERIDIAN, IDAHO 836=1? Tauuny deWeerd (208) 888-4433 ~ FAX (208) 887-4813 Cherie McCandless City Clerk Office F'ax (208) 888-~F218 MEMORANDUM: To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Senior Engineering Technician L~ Steve Slddoway, Planner G'--~ LEGAL DEPAR'1MEN'I' (208) 288-2.199 • Fax 288-2501 PLBLIC WORISS BLIII.DING DEPARTMENT (208) 887-2211 ~ Fax 887-1?97 PLANNING ANTS ZONING DEPAR`1~NT (208) 88A-5533 ~ FAK 888-6854 ~F ~~~ -~ ~ ~`~ ®0 ~~~, erl Re: DEVLIN PLACE SUBDIVISION N0.2 ' ~' - Request for Rezone of 5.17 Acres from L-O to R-4 by JITB Engineers/D. W., Inc. (File RZ-DO-008) - Preliminary Plat of 16 building lots and 4 common lots on 5.17 Acres by JUB Engineers/D. W., Inc. (File PP-00-025) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY The subject property has a prior Conditional Use Permit (CUP) and a Development Agreement (DA) that affect this application. The 5.17 acres involved in this application is an illegal lot split of a larger 8-acre parcel, originally awned by D.D. & F. In 1997, a rezone application (R-4 to L-O) and a CUP (fora 44-unit assisted living facility, 16-unit Alzheimer wing, 10 garden apartments, and a 106-suite retirement complex) was submitted for the entire 8 acres. A condition of the rezone was for the owner to enter into a DA with the City of Meridian, which was recorded in April, 1998. If this application is approved, the existing DA will have to be modified and the existing CUP will have to be revoked, because both require an assisted living facility and senior housing to be built on the subject property. LOCATION The property is generally located on the north side of Cherry Lane, east of Ten Mile Road. It is designated as Existing Urban in the Comprehensive Plan. SURROUNDING PROPERTIES North -Devlin Place Subdivision, zoned R-4. South -The remnant 2.69-acre parcel, owned by D.D. & F. is immediately south of the subject pazcel. Haven Cove Subdivision, zoned R-4, is across Cherry Lane from the site. December 7, 2000 ~~~ RZ 06006, PP-W025 Devla~ Pl~e #2.RZ.PP.dx --~ Mayor, Council and P&Z December 7, 2000 Page 2 East - Sunnybrook Farms Subdivision, zoned R-4. West -Sunburst Subdivision, zoned R-4. REZONE COMMENTS (File RZ-00-008) 1. The legal description submitted in the application appears to meet the requirements of the City of Meridian and State Tax Commission. 2. The subject lot can be adequately served by public facilities and the proposed uses will allow for orderly expansion of the city limits, as this is an infill parcel. 3. The existing Development Agreement, Instrument No. 98031450, must be modified as a condition of rezone. Specifically, items 2 a-e, page 2, must be modified to reflect the change of land uses. 4. The existing Conditional Use Permit must be revoked by City Council in conformance with Section 11-17-9 of the Meridian City Code. To do this, Council must notify the permit holder (D.D. & F.) of their intention to revoke the permit and provide D.D. & F. with the opportunity to contest the revocation, If D.D. & F. contests the revocation, a public hearing must be held. If D.D. & F. has no objection (the response I would anticipate}, Council would direct the City Attorney to prepare findings of fact and conclusions of law to revoke the Conditional Use Permit. PRELIMINARY PLAT COMMENTS (Fite PP-00-025) 1. The main issue with the plat is that it does not include the entire 8-acre parcel, and the City does not recognize the lot split done by D.W., Inc. During the pre-application meeting, staff recommended that the plat include the entire 8 +/- acres. The plat submitted includes only the 5.17 acres purchased by D.W., Inc. from D.D. & F. Since the split was never done as part of a legal subdivision process, staff continues to recommend that the plat be modified to include the remnant parcel owned by D.D. & F. If, however, the Commission and Council opt to allow this plat to proceed as currently proposed, the remnant parcel will be required to do a one-lot subdivision to clean up the public record. 2. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names, with the final plat. Make any corrections necessary to conform. 3. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 4. Assessment fees for water and sewer service are determined during the building plan review process. 5. Sanitary sewer service to this site will be via extensions from existing mains installed in adjacent developments. Conceptual engineering plans submitted with the preliminary plat indicate sewer mains with less than minimum slopes and cover. Sanitary sewer service to RZW-008, PP-00.Q25 Dev{m Place #2RZPP.doc ,r-1 Mayor, Council and P&Z December 7, 2000 Page 3 Lot 12, Block 1 is questionable from the system being proposed. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 6. Water service to this site will be via extensions from existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 7. Underground year-round pressurized irrigation must be provided to all common landscape areas on the site. 8. Applicant has indicated that the pressurized irrigation system within this development is to be an extension of existing system in Devlin Place Subdivision, which is owned and maintained by the Nampa & Meridian Irrigation District. The existing system in Devlin is has a single point connection to the City's domestic water system as a secondary source of water, and therefor the developer shall be responsible for the payment of water assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 9. The subject parcel shown currently on the plat has no street frontage, so no street buffers would be required. However, if the remnant parcel is incorporated into the plat, a 3S-foot wide landscape buffer would be required along Cherry Lane. The Comprehensive Plan designates Fairview Avenue as an entryway corridor. The landscape buffer shall be placed within a permanent landscape easement beyond the future right-of--way and designated as such on the plat. 10. Staff recommends that a micropath be required on Lot S, Block S, which is currently shown as a 20-foot sewer easement. The micropath would allow residents of the subdivision to access Cherry Lane without being forced to go around through the adjacent subdivisions. 11. S% common open space is required per City Ordinance 12-13-16. For the proposed 5.17- acre subdivision, a minimum of 11,260 s.f. of open space is required. The storm drainage pond, Lot 13, Block 1 (approximately 8900 s.f.), can count toward the open space if it is designed in accordance with Ordinance 12-13-14. Lot S, Block 5 can also count if a micropath is developed over the sewer easement in accordance with Ordinance 12-13-1 S. The landscape lot on Lot 20, Block 2, may also count as open space, because it is not a required street buffer, if it is planted with grass and trees for beautification of the subdivision. The applicant should verify how they intend to comply with this requirement, and the actual area provided. 12. No landscape plan was submitted with the application. A detailed landscape plan shall be submitted for review and approval with the Final Plat application, in conformance with City Ordinance 12-13. A letter of credit or cash surety will be required for the improvements prior to City signature on the Final Plat. ROOD-008, PP-0Q-025 Devlin Plxe #2.RZ.PP.doo Mayor, Council and P&Z December 7, 2000 Page 4 GENERAL REQUIREMENTS (Both Applications) .'-~ 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans will. need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 4. All construction shall conform to the requirements of the Americans with Disabilities Act. R~00.008, PP-00.025 Devlin Pl~e #Z.RZ.PP.doc CENTRAL CENTRHL DISTRICT HEALTH DEPARTMENT •• DISTRICT Return to: i~l'HEALTH Environmental Health Division ^ Boise DEPARTMENT ^ Eagle Rezone # Use # ~eaiminar /Final /Short Plat ~~ - ~ 4 - C~ Si `~, ~ 1 ~ ~ l ~~ ~~ ^ Garden City Meridian Kuna ^ ACZ ^ Star ^ 1. We have No Objections to this Proposal. ~ ~ ~ ~ 4 2~~~ ^ 2. We recommend Denial of this Proposal. C~ ~F 1VI~.~I~L~d ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more-data conceming the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ~. After writte approval from appropriate entities are submitted, we can approve this proposal for: ,.central sewage ^ community sewage system ^ community water well ^ interim sewage ,3( central water ^ individual sewage ^ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of vironmental Quality: central sewage ^ community sewage system ^ community water ^ sewage dry lines j~central water 10. Run-off is not to create a mosquito breeding problem. 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 14. . ~~d~ .~%~9/~ +~~-T~~ ~fe ~ ©~~~y.-d~~o.~.S' Date: ~/ ~ / p6 ~-i'~Ar~7~ Reviewed By: _ ~ ~.~!"" e'`~~ <:i~ ~o~~ Review Sheet CENTRAL •• DISTRICT ~'1'HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-211 • FAX 3''? a~2, 7u prevent and heat disease and disability; to promote Irenlfhv lifestyles; acrd to protect and prunrote the lrenltb and quality of oru• envirunnrent. STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Serving valley, Elmore, Boise, and Ada Counties Ada /Boise County Office 707 N. Armsrong PI. poise. ID 83704 Enviro. Heolih: 327-7499 Family Planning. 327-7400 'm. m unizations: 327-7450 Senior Nutntion: 327-7460 WIC: 327-7488 GAx 327-8.500 Ada-WIC Satellite Office 1606 Robert St. Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore County Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health: 587-9225 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Otfice 703 N. 1st Street P.O. Box 1448 McCall, ID. 93638 Ph 634-7194 FAX: 634-2174 Repaving Z O Todoy's Students For n Tomorrow's Chol lenges. 0 c~ ~` \o9~e . Met~a~o°. SUPERINTENDENT Christine H. Donnell Joint School District No. 2 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 November 14, 2000 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: g~cE~D NOV 1 6 2000 CITY OF MEHIDIAIV Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Wendel Bigham at 888- 6701. Reference: Devlin Place No. 2 Elementary School: Chaparral Elementary School Middle School: Meridian Middle School High School: Eagle High School Comments and/or Recommendations: Chaparral Elementary School is over capacity. The school district is currently busing students from new developments to elementary schools outside Chaparral Elementary School's attendance boundary. Meridian Middle School is at capacity. Eagle High School is over capacity. At this point the school district is dealing with growth by providing portable classrooms. With the passage of the General Obligation Bond on September 19`h a new high school will soon be under construction. We can predict that these homes, when completed, will house four (4) elementary aged children, four (4) middle school aged children, and five (5) senior high aged students. Sincerely, . ~~~ Wendel Bi ha~ g Supervisor of Facilities and Construction ~: ~., ~,,e r-~ ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat -Devlin Place No. 2/MPP-00-025/MRZ-00-008 ~tECE~D NOV 2 7 2000 CITY OF MERIDIAN 16-lots This application has been referred to ACHD by the City of Meridian for review and comment. Devlin Place No. 2 is a 16-lot residential subdivision on 5.17-acres. The applicant is requesting a rezone from L-O to R-4. The site is located at the terminus of Gemstone Drive and Higan Street. This development is estimated to generate 160 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. The existing zoning could generate up to 440 trips per day. Roads impacted by this development: Gemstone Drive Higan Street Devlin Place No. 2.cnvn Page 1 ACHD Commission Date -November 29, 2000 - 7:00 p.m. ~. ~0 ~ p ~: ~~ E . ~ _ ~~_ ~ s I 1 ~ 1 I 7 ~ ' i i ~~ ~~ _ A'~. C4 ~s ~ ~ill1 i~1~ _ i ~, i , , ,.,~ . iil~ i€ ~' ' fig' I Iz`- ~ `I I ~ \ A_ ~ i I i I I I I ~~ ~ `~ [ vd~~l ~ ~ ~'~~~ ~-tea (~`~__,s ^---\ ~~~ ~ ~:I~f~f-~--~--1=~ -1~~.. ~ i I .,,nq O~ •MPCS S Nv rNpQ a a ;~ • +SMi Sr hC - . AGM S ~ JAlJO • G[YSrO~[ J. y ~~ I I I E--I. ' I s 5 s~Aa =_ ; ~ ~ i s s ~r ~' i I ,....., ., l~ ~~~ i i= L_ 1y ~~-'-~-,; I---, i+,~--~ r , ~Ir'T~~l ~~ _~ \\ ,,. ~ , c .~ `, _ _ _ ~--i a' o` ~~ { ~ i rA `+~ I ~? ~ s.w...oac d ~ i [ ~ F-_ c ~ }~ ~~ - a ...,< r 4 ~3~'.f hC ~-i ~A"i. ~'' i ~l ~ \ „~„ w ~a°r^y~ '~' I i Nr I FxCn. : ~ ~ I I ..~ ... y + 1 y I ~ I I " CK[. ~r ~ I = I i r 5.~9 i ~ u.r- S. CC r I I I P T .QE ~. I ~ l i I ~ r • u •~• _• e ~ r I ~_ ; -~: - ~ r~i -~ilii ~i!_.h,il--lam ,~ ' i I i I i i. .. ,r I ' i I - I I' i ' f[.~~. . ~rr: s• ~ ~ :i 5 I ' E ~.\. 'Y \ ^\/ ~I S . _L. 1 / r err ~_ N ~L ~~ VICINITY MAP DEVLIN PL~4CE SUBDIVISION NO. 2 ~" - inn' Facts and Findings: A• GeneralInfonnation Owner -Dan Wood Applicant -J.U.B. L-O -Existing zoning (limited office) R-4 -Requested zoning (residential) 5.17 -Acres 16 -Proposed building lots 4 -Proposed common lots 1,000 -Total lineal feet of proposed public streets 160 -New trips generated 261 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Service Area Meridian -Impact Fee Assessment District Gemstone Drive Local street No traffic count available 50-feet of frontage 50-feet required right-of--way for its extension Gemstone Drive is improved with a 37-foot street section with curb, gutter and sidewalk within 50-feet ofright-of--way. Hi~an Street Local street A No traffic count available ~:,: w 42-feet of frontage ~~ 42-feet required right-of--way for its extension Higan Street is improved with a 29-foot street section with curb, gutter and sidewalk. B. On November 13, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On November 17, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Devlin Place No. 2.cmm Page 2 D. The applicant is proposing to extend Gemstone Drive into the site at the east pro ert line between Lot 9, Block 1 and Lot 1 Block 5, and connect it to Gemstone Drive at tpe west pro ert line between Lot 13, Block 1 and Lot ] 3, Block 5. Staff supports the extension of this street as a 36-foot street section within 50-feet ofright-of--way. E• The applicant is proposing to extend Higan Street into the site at the north property line to connect to the proposed Gemstone Drive. Staff supports the extension of this street. F• The applicant is proposing to constrict Higan Street as a reduced street section to match the existing improvements in Devlin Place Subdivision: ;;,« The District accepts local residential public roads with a 29-foot street section with parkin prohibited on one side, if the amount of vehicle trips per day on the street does not exceed g 1,000VTD or less. The proposed density of development that will utilize Higan Street will -~,x;: generate less than 1,000 vehicle trips per day. This street may be constructed as proposed with a 29-foot street section with curb, gutter and 5-foot wide concrete sidewalk within 42-feet of right- of-way and located as proposed. Parking should be restricted on one side of the roadway. A signage plan should be submitted for review and approval by Planning and Development staff. G• Any proposed landscape islands/medians within the public right-of--way dedicated by this plat ~~~u should be owned and maintained by a homeowners association. Notes of this should be required ~,~ on the final plat. m~; ., , ~ ~~ H. Unless otherwise approved, the applicant should be required to construct all public roads within ~' ~ the subdivision as 36-foot street sections with curb `~~ °` within 50-feet of right-of-way. ~ gutter, and 5-foot wide concrete sidewalks I. The turnaround should be constructed to provide a minimum turning radius of 45-feet. J. The applicant is not proposing to construct a stub street to the parcel to the south because that site has previously been approved as an assisted living facility with a driveway on Cherry Lane. -=- K. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate addit~ona] traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or rovided for prior to ACHD approval of the final plat: p Site Specific Requirements: Extend Gemstone Drive into the site at the east property line between Lot 9, Block 1 and Lot 1 Block S, as proposed, and connect it to Gemstone Drive at the west property line between Lot 13, Block 1 and Lot 13, Block 5. 2• Extend Higan Street into the site at the north property line as proposed to connect to the proposed Gemstone Drive. Construct Higan Street as a 29-foot street section as proposed, Devlin Place No. 2.cnvn Page 3 within 42-feet ofright-of--way with parking prohibited on one side. Parking shall be restricted on one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. ~: -- 3. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 4. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. 5. Construct the turnaround to provide a minimum turning radius of 45-feet. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein u~ shall be made in writing to the ACHD Planning and Development Supervisor. The request _~`"` shall specifically identify each requirement to be reconsidered and include a written explanation ~ of why such a requirement would result in a substantial hardship or inequity The written k; ~, request shall be submitted to the District no later than 9.00 a m on the day scheduled for ACHD Commission action Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall s ecifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its on final decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Connnission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada Cow~ty Highway District Road Impact Fee Ordinance. Devlin Place No. 2.cmm Page 4 4• All design and constn~ction shall be in accordance with the Ada County Highwa District Policy Manual, ISPWC Standards and approved supplements, Construction Services _ procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5• The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6• Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. ~• No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized ~. representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. x ~ 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. _ Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted b~ Commission Action• Planning and Development Staff Devlin Place No. 2.cmm Page 5 CL O[~CVL~ ~ GUGC C~ ~~''GC~ .III("IV PPavPV_rlarr Procirl~,.,+ ` 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlys Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us December 1, 2000 TO: Daren Fluke J-U-B Engineers, Inc. 205 S Beechwood Ave. Suite 201 Boise, ID 80709 FROM: Christy Richardson, Principal Devplo ment Analyst Planning & Development C~. ,~~'G~'2~ SUBJECT: Preliminary Plat: 16-lot Subdivision Street ~°E~D DEC -g 2000 CITY OF MERIDIAN Gemstone Drive/Higan On November 29, 2000, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District. a. Three complete sets of detailed street construction drawings prepared by an Idaho registered professional Engineer. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute a Surety Agreement between the Developer and the District to guarantee the completion of the construction of all required street improvements. 3. Furnish a copy of the Final Plat showing street names as approved by the Local Government Agency having such authority to ether with the payment of fee charged for the manufacturing and installation of all street signs. 2 4. If Public Right-of-Way Trust Fund deposit is required, make the deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements and ail other datum or documents as required by the District. 6. Furnish Final Plat drawings together with the plat and plan review fees for District acceptance and endorsement. The final plat must contain the signed endorsement of the Owner and the Land Surveyor's certification. 7. All of the material must be submitted to District staff two-weeks prior to Commission review of the final plat. 8. Approval of the plat is valid for one year. The Commission will consider an extension of one year if requested within 15-days prior to the expiration date. Please contact me at (208) 387-6170, should you have any questions. Cc: Planning & Development Chron/File Planning & Development Services-City of Meridian Construction Services -John Edney Drainage- Chuck Rinafdi Dan Wood 13141 W Bluebonnet Court Boise, ID 83713 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat -Devlin Place No. 2/MPP-00-025/MRZ-00-008 16-lots This app}ication has been referred to ACRD by the City of ivieridian for review and comment. Devlin Place No. 2 is a 16-lot residential subdivision on 5.17-acres. The applicant is requesting a rezone from L-O to R-4. The site is located at the ternlinus of Gemstone Drive and Higan Street. This development is estimated to generate 160 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. The existing zoning could generate up to 440 hips per day. Roads impacted by this development: Gemstone Drive Higan Street ACHD Commission Date -November 29, 2000 - 7:00 p.m. Devlin Place No. 2.enun Page 1 T L _ ~` ~ i ~-` S ?. • \ ~ mfr. ~ • I Es-~t- _-_~-~ - ~_ ~ .. ~ac•s<, :,•u.:,- I \ _ J f:I ~~Tt _", Iqi~:~- \ ~ 1 ~.T--r--! , I I ,///~1 1 V _ I i I I I i I 1'~--`~f~ OC 1 •~ ICI as i Ir'~--I' ~\ ~- • S,;N-ERGO *<4 Z I ~ ~ ' ~• . ~ '1 I z ~ `~ •~h. P ~ .RS ~ i '{ ~ / ~ CL ~ t ~J4 p~ ~~b• Cr . S C 4 S.w(Ir..000 Ca \~ L I ..[.fKX ~ ~ ~ ..npQ S• N~ C~ ~ ..+aa e i S PC CE i f ~'-~ ~*~ I~ R 5 S C, v' ~ - • ~~ • ~.G,w St N~ R ~ •.LM S• b ~ M.R UUUJ1 Y ~~'Y b Nl, I t p .:N`uv - aC ~\ u s•oa ~. • I ,R,ac ~ ~ ~ ~-; \ ~ ~~~ ~ lam, f -'r--% . ~ ~j •I I ~ - R45 ~ ~ 4, ~ r I' ' s k ~~ , eo s~ ~ • _ i~ \ ~~ ~ o - n.i I C.ROCEv• I i i _ -_. N L"E r ~~ %>RK ~ e .. I • .CnC• C' ~~- • :LnO` C ~ • I • Sb.W. C' Y / r= I -• i I I ~ ~ I I I I r-J I , s..e i ~ ~ a.o::• •~ I \ ~ I 1 I "~ 5 I \ ~~ 4 V . SwE°' S \ ~ ~ ~y ~ I j _ I I , ' ~' \t ~~~ ~ ~ I I i i •: I ~_ N ~L ~~ v v i, r-i r r~ k v i n i VICINITY MAP DEVLIN PL~4CE SUBDIVISION NO. 2 ~" _ inn' Facts and Findings: A. GeneralInfonnation Owner -Dan Wood Applica nt -J.U.B. L-O -Existing zoning (limited office) R-4 - Requested zoning (residential) 5.17 - Acres 16 - Proposed building lots 4 - Proposed common lots 1,000 - Total lineal feet of proposed public streets 160 - New trips generated 261 - Traffic Analysis Zone (TAZ) West Ada -Impact Fee Service Area Meridian -Impact Fee Assessment District Gemstone Drive Local street No traffic count available 50-feet of frontage 50-feet required right-of--way for its extension Gemstone Drive is improved with a 37-foot street section with curb, gutter and sidewalk within 50-feet ofright-of--way. Higan Street Local street No traffic count available 42-feet of frontage 42-feet required right-of--way for its extension Higan Street is improved with a 29-foot street section with curb, gutter and sidewalk. B. On November 13, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On November 17, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constihite the following Facts and Findings and recommended Site Specific Requirements. Devlin Place No. 2.cnvn Page 2 C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. The applicant is proposing to extend Gemstone Drive into the site at the east property line between Lot 9, Block 1 and Lot 1 Block 5, and connect it to Gemstone Drive at the west property line between Lot 13, Block 1 and Lot 13, Block 5. Staff supports the extension of this street as a 36-foot street section within 50-feet ofright-of--way. E. The applicant is proposing to extend Higan Street into the site at the north property line to connect to the proposed Gemstone Drive. Staff supports the extension of this street. F. The applicant is proposing to construct Higan Street as a reduced street section to match the existing improvements in Devlin Place Subdivision: The District accepts local residential public roads with a 29-foot street section with parking prohibited on one side, if the amount of vehicle trips per day on the street does not exceed 1,000VTD or less. The proposed density of development that will utilize Higan Street will generate less than 1,000 vehicle trips per day. This street may be constructed as proposed with a 29-foot street section with curb, gutter and 5-foot wide concrete sidewalk within 42-feet of right- of-way and located as proposed. Parking should be restricted on one side of the roadway. A signage plan should be submitted for review and approval by Planning and Development staff. G. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. H. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. I. The turnaround should be constricted to provide a minimum turning radius of 45-feet. The applicant is not proposing to construct a stub street to the parcel to the south because that site has previously been approved as an assisted living facility with a driveway on Cherry Lane. K. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Deg lin Place No. 2.cnm1 Paee Site Specific Requirements: Extend Gemstone Drive into the site at the east property line between Lot 9, Block 1 and Lot 1 Block 5, as proposed, and connect it to Gemstone Drive at the west property line between Lot 13, Block 1 and Lot 13, Block 5. 2. Extend Higan Street into the site at the north property line as proposed to connect to the proposed Gemstone Drive. Construct Higan Street as a 29-foot street section as proposed, within 42-feet ofright-of--way with parking prohibited on one side. Parking shall be restricted on one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. 3. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 4. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. 5. Construct the turnaround to provide a minimum turning radius of 45-feet. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specificall identif each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequit The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identif each requirement to be reconsidered and include written documentation of Devlin Place No. 2.cmm Page 4 data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal reshictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Devlin Place No. 2.cnm1 Page 5 ,r-.., Conclusion of Law: ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Plamling and Development Division at 387-6170. Submitted b Commission Action: Planning and Development Staff November 29, 2000 Devlin Place No. 2.cmm Page 6 ,-•` SUBi.,IVISION EVALUATION .SHEET Proposed Development Name Devlin Place Subdivision #2 File No. PP-00-025 Date Reviewed 11/16/00 Preliminary Stage X Final Engineer/Developer J.U.B. Engr. /Dan Wood The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat "W. CHERRY LANE" "W. GEMSTONE DRIVE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COM EE, GEN PRESENTATIVES OR DESIGNEES Ada County Engineer John Priester d Date 1 Z /¢ ~C~ Community Planning Assoc. Sherri it w ~ ~ Date o0 City of Meridian Cheryl Sable Date ~~-~~ -?s17S1~ Fire District Meridian Representative Date /2 =~~`~~ NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 W 2 Section NUMBERING OF LOTS AND BLOCKS ~ J TRISUBSISM CITY.FRM "N. MAN O' WAR PLACE" CENTRAL CENTFtHL.DISTRICTHERLTH DEF~yRTMENT •• DISTRICT oRHEALTH Environmental Health Division DEPARTMENT Rezone # Conditional Use # Preliminary ina Short Plat Return to: ^ Boise ^ Eagle ^ Garden City ~etdian _ ^ Kuna /, ^ ACZ 0 Star ^ 1. We have No Objections to this Proposal. JUN. -1 2001 ^ 2. We recommend Denial of this Proposal. CITY OF 1t~IEi~,II~i~ ~ti ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more-data conceming the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters andlor surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources conceming well construction and water availability. 8. After writt approval from appropriate entities are submitted, we can approve this proposal for: central sewage ^ community sewage system ^ community water well ^ interim sewage central water ^ individual sewage ^ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of nvironmental Quality: ntral sewage ^ community sewage system ^ community water ^ sewage dry lines ~ central water 10. Run-off is not to create a mosquito breeding problem. 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 14. ~~~ ~ ~s'"~~ .~yT',~L°l~ ~~•x ~..~.~i~._ Date:.~.s-IZ f I ~~ ~~c a~ ~ µ-~~ r~<~-s Reviewed By: ~ ~~j-~~~~ Review Sheet ~~~ CENTRAL •• DISTRICT ~1'HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83104-0825 • (208) 375-5211 • FAX 327-8500 To prerent and treat disease and disability; to promote ltealtlry lifestyles; and to protect and promote tke keal!lr mrd quality of our environmerU- STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated through a grassy Swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public ~Jorks Department, l~'Iay 200Q. Serving Valley, Elmore, Boise, and Ada Counties Ada /Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Ada-WIC Satellite Office 1606 Robert St. Boise. ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore County Office 520 E. 8th Street N. Mountain Home. ID 83647 Enviro. Health: 587-9225 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1 st Street P.O. Box 1448 McCall, ID. 83638 Ph. 634-7194 FAX: 634-2174 -''~ /'~ FILE COPY BEFORE THE CITY COUNCIL OF THE CITY OF.MERIDIAN 02-06-01 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR DEVLIN PLACE SUBDIVISION NO. 2 BY: DAN WOOD, OWNER, JUB ENGINEERS, APPLICANT. Case No. PP-00-025 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on February 6, 2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant vas Daren Flulce, JUB Engineers, and no one appeared in opposition, and the City Council having received a report from Bruce Freclcleton, Engineering Technician III, and Steve Siddoway, Planner, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "Preliminary Engineering Conceptual Plan, DEVLIN PLACE SUBDIVISION NO. 2, Preliminary Plat located in the SW 1/4, Section 2, T. 3N., R. 1 W, B.M., Meridian, Ada County, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT /FOR DEVLIN PLACE SUB. NO. 2 / (PP-00-025) _ I n Idaho, Drawn By: JPM, Design By: MLV, Checked By: GAL, Project No. 11687, Sheet 1 of 2, handwritten date of: 9-19-00, PRELIMINARY PLANS NOT FOR CONSTRUCTION, JUB ENGINEERS, INC., Engineers, for DEVLIN PLACE SUBDIVISION NO. 2," submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Low Density Residential District (R- 4), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 C.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT /FOR DEVLIN PLACE SUB. NO. 2 / (PP-00-025) _ 2 ''~, i'ti and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "Preliminary Engineering Conceptual Plan, DEVLIN PLACE SUBDIVISION NO. 2, Preliminary Plat located in the SW 1/4, Section 2, T. 3N., R. 1 W, B.M., Meridian, Ada County, Idaho, Drawn By: JPM, Design By: MLV, Checked By: GAL, Project No. 11687, Sheet 1 of 2, handwritten date of: 9-19-00, PRELIMINARY PLANS NOT FOR CONSTRUCTION, JUB ENGINEERS, INC., Engineers, for DEVLIN PLACE SUBDIVISION NO. 2". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT /FOR DEVLIN PLACE SUB. NO. 2 / (PP-00-025) _ 3 ~ ~.., DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "Preliminary Engineering Conceptual Plan, DEVLIN PLACE SUBDIVISION NO. 2, Preliminary Plat located in the SW 1/4, Section 2, T. 3N., R. 1 W, B.M., Meridian, Ada County, Idaho, Drawn By: jPM, Design By: MLV, Checked By: GAL, Project No. 11687, Sheet 1 of 2, handwritten date of: 9-19-00, PRELIMINARY PLANS NOT FOR CONSTRUCTION, JUB ENGINEERS, INC., Engineers, for DEVLIN PLACE SUBDIVISION NO. 2", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 2.1 The main issue with the plat is that it does not include the entire 8-acre parcel, and the City does not recognize the lot split done by D.W., Inc. During the pre-application meeting, staff recommended that the plat include the entire 8 +/- acres. The plat submitted includes only the 5.17 acres purchased by D.W., Inc. from D.D. &. F. Since the split was never done as part of a legal subdivision process, staff continues to recommend that the plat be modified to include the remnant parcel owned by D.D. ~ F. If, however, the Commission and Council opt to allow this plat to proceed as currently proposed, the remnant parcel will be required to do FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT /FOR DEVLIN PLACE SUB. NO. 2 / (PP-00-025.) _ 4 r ^ a one-lot subdivision to clean up the public record. 2.2 Applicant shall submit a letter from the Ada County Street Name Committee, approving the subdivision and street names, with the final plat. 2.3 Applicant shall coordinate fire hydrant placement with the City of Meridian Public Worlcs Department. 2.4 Sanitary sewer service to this site will be via extensions from existing mains installed in adjacent developments. Conceptual engineering plans submitted with the preliminary plat indicate sewer mains with less than minimum slopes and cover. Sanitary sewer service to Lot 12, Bloclc 1 is questionable from the system being proposed. Subdivision designer shall coordinate main sizing and routing with the Public Worlcs Department. 2.5 Water service to this site will be via extensions from existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. 2.6 Underground year-round pressurized irrigation shall be provided to all common landscape areas on the site. 2.7 Applicant has indicated that the pressurized irrigation system within this development is to be an extension of existing system in Devlin Place Subdivision, which is owned and maintained by the Nampa & Meridian Irrigation District. The existing system in Devlin has a single point connection to the City's domestic water system as a secondary source of water, and therefor the developer shall be responsible for the payment of water assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 2.8 The subject parcel shown currently on the plat has no street frontage, so no street buffers would be required. However, if the remnant parcel is incorporated into the plat, a 35-foot wide landscape buffer would be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT /FOR DEVLIN PLACE SUB. NO. 2 / (PP-00-025) _ 5 ,~ required along Cherry Lane. The Comprehensive Plan designates Fairview Avenue as an entryway corridor. The landscape buffer shall be placed within a permanent landscape easement beyond the future right- of-way and designated as such on the plat. 2.9 5% common open space is required per City Ordinance 12-13-16. For the proposed 5.17-acre subdivision, a minimum of 11,000 s.f. of open space is required. The storm drainage pond, Lot 13, Bloclc 1 (approximately 8900 s.f.), can count toward the open space if it is designed in accordance with Ordinance 12-13-14. Lot 5, Bloclc 5 can also count if a micropath is developed over the sewer easement in accordance with Ordinance 12-13-15. The landscape lot on Lot 20, Bloclc 2, may also count as open space, because it is not a required street buffer, if it is planted with grass and trees for beautification of the subdivision. The applicant shall verify how they intend to comply with this requirement, and the actual area provided. 2.10 A detailed landscape plan shall be submitted for review and approval with the Final Plat application, in conformance with City Ordinance 12- 13. Aletter of credit or cash surety will be required for the improvements prior to City signature on the Final Plat. 2.11 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans shall be approved by the appropriate irrigation drainage district, with written confirmation of -said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 2.12 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.13 Applicant shall provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.I~). 2.14 All construction shall conform to the requirements of the Americans FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT /FOR DEVLIN PLACE SUB. NO. 2 / (PP-00-025) _ 6 ,•-~, /" ~ with Disabilities Act. The Planning and Zoning Commission further recommend: 2.15 Lot 13 and Lot 5 and the micropath shall be landscaped to the extent possible in compliance with City ordinance. Adopt the Central District Health Department's Recommendations as follows: 2.16 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health ~ Welfare, Division of Environmental Quality. 2.17 Run-off is not to create a mosquito breeding problem. 2.18 stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.19 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendation of the Meridian Fire Department as follows: 2.20 All roads will be installed before building is started with appropriate street name signs. Adopt the Recommendations of the Ada County Highway District as follows: 2.21 Applicant shall extend Gemstone Drive into the site at the east property line between Lot 9, Bloclc 1 and Lot 1 Bloclc 5, as proposed, and connect it to Gemstone Drive at the west property line between Lot 13, Bloclc 1 and Lot 13, Bloclc 5. 2.22 Applicant shall extend Higan street into the site at the north property line as proposed to connect to the proposed Gemstone Drive. Applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT/ FOR DEVLIN PLACE SUB. NO. 2 / (PP-00-025) _ ~ ""~ ,.,~ shall construct Higan Street as a 29-foot street section as proposed, within 42-feet of right-of-way with parking prohibited on one side. Parking shall be restricted on one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. 2.23 Any proposed landscape islands/medians within the public right-of-~vay dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 2.24 The applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5- foot wide concrete sidewalks within 50-feet of right-of-way. 2.25 Applicant shall construct the turnaround to provide a minimum turning radius of 45-feet. 2.26 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Additionally, adopt the action of the City Council from their meeting held on February 6, 2001, with the following exceptions to Staff comments dated December 7, 2000, at 10 and 11 on page 3, the comments shall be revised to delete in 10. Lot 5 to Lot 4 and Lot 6, and in 11. to delete 5% and to add the following language to read as follows: 10. That a 20-foot micropath be required between the west line of Lot 4 and the east line of Lot 6, Block 5, with a fence height restriction of a maximum of 4 feet. 11. 11,000 square feet common open space is required. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT /FOR DEVLIN PLACE SUB. NO. 2 / (PP-00-025) 8 /'1, By action of the City Council at its regular meeting held on the ~~ day of ~ , 2001. By: R E, D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: ,r,~~-= City Clerk Dated: ~'20'~~ msg/Z:\Work\M\Meridian\Meridian 15360M\Devlin Place 2 RZ008 PP025\FfClsOrdPP.doc ti~'~~Y~ Ci'~ `M'in ,~t~~-~ o~,~ ~ ~~ ~ ~ ~ ~~~ ~ ~c ,~ ~~~ ,~ ~t~ ll_.. - ~ ..1Y~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT /FOR DEVLIN PLACE SUB. NO. 2 / (PP-00-025) _ g v+ v JAN 03 '01 V10~08 FR C TY OF MERIDIAN 208 804 4259 TO 32393.36 P~~~E~D JAN ' 4 2001 City of Meridian RZ 00-008 Request for Rezone of 5.17 acres from L-O to R-4 by JUB F.,ggineers ~o~y Clerk Office proposed Devlin Place No. 2 - south of Devlin P]acc between Sunburst Subdivision and Sunnybrook Farms: PP-00-0ZS Request for Preliminary Plat approval for 16 building lots and 4 other lots on 5.17 acres is a proposed R-4 none by JUB Faigineers for proposed Devlin Place No. 2 - south of Devlin Place between Sunburst Subdivision and S~innybrook Farms: Please sign and have the following statement notarized and return to the Meridian City Clerk prior to the public hearing on 1/04/01. I, ~ ~~1~ ,the undersigned, azknowledge ~y responsibility to post the property for public hearing vne week prior to the hearing date, Failure to properly post the property will increase the possibility of air approval being overturned should the application be contested. Yam aware thst to proceed with a public hearing without posting ofthe property as required by Idaho Code would be at my own risk. STATE OF IDAHO ) ss. County of ,~a. ) S g st~iire~ Title: ~rinle~- Date: (~ 4 -fit On this .~ fS- day of Jam~ary, 2001, before me, the widersigned, a Notary Public in and for said State, personally appeared 7J Q re ~+ _F_ /u ~C ,known or identified tv me to be the authorized agent of who duly aelrnowledged to n:e that (she executed the within instzume>rt on behalf of said (individuaUcorporation/psrdnecship) and that said (individual/corporation/partnership) executed the same. ',,,~e~~ru~ehq~~ ~•`Q@ ~• ~pT qJp~ ~ ~.AV 81.~G Notary ublic for Idaho Residing at ~ Co~aission Fxpi=es• 2 ~~ ~-~-~~ JAN 04 '01 10 03 208 323 9336 PAGE.01 ,~'\ ... . f4'.~R1 r .Pub. OeG15,29t 2000 9063 . Theldaho Statesman C1.~~ of I''f'~~~id~ ~n P.O. Box 40, Boise, Idaho 83707-0040 - LEGAL ADVERTISING PR40F OF PUBLICATIaiU~,,,,,.,d: Account • DTIM Identification . _ _ _ _ =jvLV r{~ qp Amount: 064514 376969 PUBLIC HEARING $1 16.64. Ordered by: P.O. M Rate Run Dates SHELBY NT DECEMBER 15, 29, 2000 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO ST. 81 MERIDIAN, IDAHO 83642 Affidavit Legal # 1 9063 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for. TWO consecutive weekly single consecutive daily ~X odd skip insertion(s) beginning with the issue of: DECOVIBER 1 5 , 2000 and ending with the issue of: DEC~E]]VIBER 2 9 , 2000 STATE OF IDAHO ) )ss COUNTY OF ADA On this 2 day of JANUARY in the year of 2001 ~~uanur~•• before me, a Notary Public, personally appeared before me Janice Hildreth • •• • .••' y . CLA '• known or identified to me to be the person whose name subscribed to the ~ , ~~••~y~ ..•~G,b,'+,+ ~ ~ within instrument, and being by me first duly sworn, declared that the state- .• C :` t1`' , '; d . ' ments therein are true, and acknowledged to me that she executed the same. . .oTARy o ~ ~.. • r. r «_rs'°' _ f.~,tG ~ it `cQ .P ` ~ Notary Public for Idaho ~••°,~ = ~; :,~ S ~"•W~ Residing at: Boise, Idaho • •., T "••••• 9P .A' ' T ' 1 ~ My Commission expires: ••. ; ~ O F ~~.•• ~'~ai. .-. ** TX CONFIRMATION REPORT ** AS OF JAN 03 -e~1 1808 PAGE. 01 CITY OF MERIDIAN 03 DATE TIME TO/FROM MODE MIN/SEC PG5 CMDtt STATUS 01/03 18 07 208 323 9336 EC--S 00'56" 002 133 OK ------------------------------------------------------------------ !~- ~! Dear Applicant: 3 2 ~ -13 3 6 As the applicant/applicant's representative for one of the projects listed below, you are aware that the public hearings previous scheduled for December 12, 2000, were renoticed for the January 4, 2001 P&Z Commission meeting. A memo dated December 11, 2000, from William G. Berg, Jr., Meridian City Clerk, informed you of your responsibility to report the property on,e week prior to the new hearing date. If the property was not reported, any application runs a greater risk of being overturned for not following the proper procedure if there is opposition to the application. CUP UO-049 Request for Conditional Use Permit to construct a branch bank with drive- thru teller by Mountain West Bank -Magic View Office Complex: CUP 00-050 Request for Conditional Use Permit for a sales and project information office in a temporary trailer for Ashford Greens No. 4 by the Brighton Corporation-- Black Cat Road and north 'Waggle Place: CUP 00-053 Request fo Use Permit truct a 3-sto - m hotel for pro a Inn by B and A pment -Magi w rive/Allen Str of Eagle Road: CUP 00-054 Request for Conditional Use Permit to construct the new Meridian City Police Station by Lombard-Conrad Architects -south of Franklin Road and west of Locust Grove Road: CUP 00-055 Request for Conditional Use Permit for temporary placement of an office trailer to serve as Sonntag Eye Associates ofI`ice during construction by Johnson Architects -Gentry Way and. Allen Street: PP 00-023 Request for Preliminary plat approval for 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for Autumn Faire No. 2 by Gem Star Properties -east of Black Cat and south of Ustick Road: AZ 00-023 Request for Annexation and Zoning of 156.21 acres to It 4 for proposed Tuscany Lakes Subdivision by Gem Park IIPartnership - south of Victory Road and west of Eagle Road: CUP-00-OS2 Request for Conditional Use Pernnit for a Planned Residential Development in a proposed R-4 zone to permit variance from lot size, frontage, and cul-de-sac and block length requirements for proposed 'Iliscany Lakes Subdivision by Gem Park II Partnership -south of Victory Road and west of Eagle Road: PP 00-024 Request for Preliminary plat approval for 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park IIPartnership - south of Victory Road and west of Eagle Road: Dear Applicant: As the applicant/applicant's representative for one of the projects listed below, you aze aware that the public hearings previous scheduled for December 12, 2000, were renoticed for the January 4, 2001 P&Z Commission meeting. A memo dated December 11, 2000, from William G. Berg, Jr., Meridian City Clerk, informed you of your responsibility to report the property one week prior to the new hearing date. If the property was not reported, any application runs a greater risk of being overturned for not following the proper procedure if there is opposition to the application. CUP 00-049 Request for Conditional Use Permit to construct a branch bank with drive- thru teller by Mountain West Bank -Magic View Office Complex: CUP 00-050 Request for Conditional Use Permit for a sales and project information office in a temporary trailer for Ashford Greens No. 4 by the Brighton Corporation-- Black Cat Road and north Waggle Place: CUP 00-053 Request fo 1 Use Permit ct a 3-sto - m hotel for pro ri a Inn by B and A pment -Magi " w ive/Allen Stree of Eagle Road: CUP 00-054 Request for Conditional Use Permit to construct the new Meridian City Police Station by Lombard-Conrad Architects -south of Franklin Road and west of Locust Grove Road: CUP 00-055 Request for Conditional Use Permit for temporary placement of an office trailer to serve as Sonntag Eye Associates office during construction by Johnson Architects -Gentry Way and Allen Street: PP 00-023 Request for Preliminary Plat approval for 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for Autumn Faire No. 2 by Gem Star Properties -east of Black Cat and south of Ustick Road: AZ 00-023 Request for Annexation and Zoning of 156.21 acres to R-4 for proposed Tuscany Lakes Subdivision by Gem Park IIPartnership - south of Victory Road and west of Eagle Road: CUP-00-052 Request for Conditional Use Permit for a Planned Residential Development in a proposed R-4 zone to permit variance from lot size, frontage, and cul-de-sac and block length requirements for proposed Tuscany Lakes Subdivision by Gem Park II Partnership -south of Victory Road and west of Eagle Road: PP 00-024 Request for Preliminary Plat approval for 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Pazk II Partnership - south of Victory Road and west of Eagle Road: ~'1 RZ 00-008 Request for Rezone of 5.17 acres from L-O to R-4 by JUB Engineers for proposed Devlin Place No. 2 -south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms: PP-00-025 Request for Preliminary Plat approval for 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone by JUB Engineers for proposed Devlin Place No. 2 - south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms: Please sign and have the following statement notarized and return to the Meridian City Clerk prior to the public hearing on 1/04/01. I, ,the undersigned, acknowledge my responsibility to post the property for public hearing one week prior to the hearing date. Failure to properly post the property will increase the possibility of any approval being overturned should the application be contested.. I am aware that to proceed with a public hearing without posting of the property as required by Idaho Code would be at my own risk. Signature Title: Date: STATE OF IDAHO ) ss. County of ) On this day of January, 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared ,known or identified to me to be the authorized agent of who duly acknowledged to me that (s)he executed the within instrument on behalf of said (individuaUcorporation/partnership) and that said (individuaUcorporation/partnership) executed the same. Notary Public for Idaho Residing at Commission Expires:_ b0'3Jdd bbL0b888~ ~ b~:9~ 00. 0Z f10N MAYOR NU8 OF 7'REASURL VALLEY Robert D. Conic A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL MEMB E CITY 4~' MERIDIAN `~~~' ~8~~ Wo ~sB-2501 RS R Ron Anderson 33 BAST IiDAHO BUILDING DEPAR-rMF,NT Keith Bird MERIDIAN, IDAHO 83642 (203) 337-2211 • Fax 687-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 83 %-4813 PLANNING AND ZONCNG Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT 1208) 88x•5533 • Fax S38-685a WITH THE CITY QF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Cterk, by: December 5, 2000 Transmittal Date: November 6, 2000 Hearing Date: December 12, 2000 File No.: PP-00-025 Request: Preliminary Plat approval of 5.17 acres for 16 building lots and 4 other lots in a proposed R-4 Zone By: TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS .-ua ~ng~neers Location of Property or Project: Directly south of Devlin Place between Sunburst Subdivsion and Sunnybrook Farms Sally Norton, P/Z ~__ Bil! Nary, P/Z Jeny Centers, P/Z Richard Hatcher, P/Z Keith Borup, P2 `_ Robert Came, Mayor Ron Anderson, C/C _~_ Tammy deWeerd, C/C Keith Bird, C/C _, Cherie McCandless, C/C Water Department `_~ Sewer Department Sanitary Service _ Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Res;dei Gen -16 PP/FP/PFP - 30 AZ • ~7 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc, Central District Health Nampa Meridian brig- District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) 1lntermountain Gas (Fp/PP) _Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: REcEZVED Nov z o noon CITY OF 1VIERID.iAN sa~t~ea 'b'bLObSSSAZ=Q I 2i3-Lb'M3-LSHM NH IQ22I3W A7~or ~~,_w,~ :: 11/17/2000 07:39 2088885052 SANITARY SERVICE PAGE 05 .-. ' HU6 OF TREASURE Vr1 LLEY ~1.~Y OR Robert D. Currie A Good Place to Live LEGAL DEPARTMENT C " CITY QF MERIDIAN (305) J8o-399 • Fay 23E•3501 ITY COUNCIL i~IlrtitgERS PUBLIC tvORKs Roo .~nderson 33 EAST IpAI~IO BUILDING DEPARTME`T hcith Bird MI/RIDIAN, IDAHO 83642 i~08) 987.231 I • Fax BS7-1.97 Tammy de~Lecrd (205) 885-~w33 • Fae (208) 381-a813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (205) 888-4215 DEPARTMENT (306) 68a5S33 -Fax 988.6E>a TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian Ciry Hall Attn: Will Berg, City Clerk, bye December 5, 2000 Transmittal Date: November 6, 2000 Hearing Date: December 12, 2000 File No.: PP-00-025 Requests Preliminary Plat approval of 5.17 acres for 16 buildin lots and 4 other lots in a proposed R-4 zone Bye JUB Engineers location of Property or Project: Directly south of Devlin Place between Sunburst Subdivsion and Sunnybrook Farms Sally Norton, P/Z 0111 IVG11 y, r-IL Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, CiC Cherie McCandless, C/C ~~ Water Department Sewer Department ~_ Sanitary Service Building Department ~_^ Fire Department Police Department City Attorney City Engineer _ ^^°':'~`~• • C~i fool District Meridian Post Office (FP/PP) Ada County Highway Dtstrict Community Planning Assoc. Central District Health Nampa Melidlan Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U:S. West (FP/PP) Intermountain Gas (FPIpP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: 'oj,L,, ~ City Planner Parks Department (Residential Applications only) uen • 26 PP/FpIPGP - 30 AZ • i7 ~c~~D N O V 1 7 2000 CITY OF MERIDL9N NOU 17 '00 06 48 2088885052 PAGE. 05 MAYOR Robert D. Cowie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless ^ HUB OF TREASURE VALLEY .-. A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208)288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: Transmittal Date: November 6, File No.: PP-00-025 Hearing Date: December 12, 2000 Request: Preliminary Plat approval of 5.17 acres for 16 building lots and 4 other lots in a proposed R-4 zone By: JUB Engineers Location of Property or Project: Directly south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms Sally Norton, P2 Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C ~~~/// Cherie McCandless, C/C _~ Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department City Planner Parks Department (Residential Applications only) Gen - 26 PPlFPlPFP - 30 AZ - 27 00 December 5, 2000 g,EcE~D N O V 1 4 2000 ~ ~~ ~N,II~IAN R~CEI VEl~ NOV - 9 2000 Meridian City Water Supe~ntendent MAYOR Robert D. Cowie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HL%B OF TREASURE VALLEY ~ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-1433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 837-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 5, 2000 Transmittal Date: File No.: PP-00-025 November 6, 2000 Hearing Date: December 12, 2000 Request: Preliminary Plat approval of 5.17 acres for 16 building lots and 4 other lots in a proposed R-4 zone By: JUB Engineers Location of Property or Project: Directly south of Devlin Place between Sunburst Subdivsion and Sunnybrook Farms Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Resides,,,a„,F,~,,.,~,,.,,,,,,,,,,, Gen - 26 PP/FP/PFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department R~~E~~ ~c~v t a 2n~n City ®f Mcriclia~ t^;ity Olerk ~9fficF ''1 MAYOR Robert D. Cowie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY ^` A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208)_88-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 ~~/ '/~~ TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT WITH THE CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT ?,$84-5533 • Fax 888-6854 ~~ ~, To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 5, 2000 Transmittal Date: November 6, 2000 Hearing Date: December 12, 2000 Fite No.: PP-00-025 Request: Preliminary Plat approval of 5.17 acres for 16 building lots and 4 other lots in a proposed R-4 zone By: JUB Engineers Location of Property or Project: Directly south of Devlin Place between Sunburst Subdivsion and Sunnybrook Farms Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department X Fire Department Police Department City Attorney City Engineer Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 ~~~~ Your Concise Remarks: ~ / ~~j ~©~ ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 10 12/11 12 46 PUBLIC WORKS 11 12/11 12 50 208 888 6854 AS OF DEC 11 'bv~ 1253 PAGE.01 CITY OF MERIDIAN MODE MIWSEC PGS CMD# STATUS OF--S 02'36" 010 067 OK EC--S 02'56" 010 067 OK / /• / our2t ~C /~tuia ~LJc~ ~ ~ ~ trcc~ Judy Peavey-Derr, President 49R G~rf 47th Cf~nn! Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (toe) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus~achd.2da.id.us December 1, 2000 TO: Daren Fluke J-U-B Engineers, Inc. 205 S Beechwood Ave. Suite 201 Boise, ID 80709 FROM: Christy Richardson, Principal Devpl~t~lyst Planning 8 Development C'. SUBJECT: Preliminary Plat: 16-lot Subdivision Street r"~ CE~~ DEC -- g 2000 CITY OF MERIDIAN Gemstone Drive/Higan On November 29, 2000, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are re wired: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District. a. Three complete sets of detailed street construction drawings prepared by an Idaho registered professional Engineer. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection andlor testing services. c, Complete all street improvements to the satisfaction of the District, or execute a Surety Agreement between the Developer and the District to guarantee the completion of the construction of all required street improvements. 3. Furnish a copy of the Final Plat showing street names as approved by the Local Government Agency having such authority to ether with the payment of fee charged for the manufacturing and installation of all street signs. Certified Mailing Returns Project Name File No(s) ~Z OU ~~ D~ ~ GU ' ~; 2~ Date of Hearing Name Address Reason for Retum Gl.h-- ~ ' I ` ~ ~ aJ~ --~, ~ .%cr 4S {~-(C CGS-- LJ f CY Y`f~ ~ c' ' ~ i 2 2~~~: ~ C•~U s ~ ~ .~ ~; ~ ~~ ~t~~-~ ~~' ~ vx ~~ I ~'1 ~~~~.- ~~~ ~ a=te ~ e~-~. ~- ~ I S ~ ~ ,~ c -~ ~~ i~'(~~ al.e' ~ f r ~ G - 12 0~'D l'.~ tt ~/L~f~-- ~~ G~y~f,(d ~+C~tl~ , d -rvr t^' ~t~ S~" ~l-~.: ~3rr yZ N ~-t- .-. ** TX CONFI, .iTION REPORT ** ~-~. AS OF DEC ~ 00 17 07 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 06 12/11 17 06 208 323 9336 MAYOR Robot ll. Comic CITY COUNCIL MEMBERS Ron Anduson 1(Cllll Bitd T~tnmy dewccrd Cherie McCandless December 11, 2000 MODE MIN/SEC PGS CMDi1 STATUS EC--S 00'34" 001 109 OK KUB OF 7REA5URE VALLEY A Good Place to Livc CITY OF MERID 33 EAST IDAHO MERIDIAN, IDAHO 83642 (20S) 833-4433 • Fax (203) 387.4813 City Clcsk Oftice fax (20S) BSS-x218 Applicants for Projects: Dear Applicant s ~., y ~ALDEpAxTMENT r ~~~4~ ~~ctt,t ~a t ~ ~~4 ~. ~ ~w, ~ ~ r ti ,` ~ ~ ~ h ~u ~ ,/5 i i ~~~~~~ Y M~ ~~ t1 ~ i 6w o { ~ Is ~ ~~ f} ~~'.il }~i .~.~ih r i CUP 00-049 Mountain West Bank CUP 00-050 Ashford Greens #4 Subdivision CUP 00-053 Ameritel Inn CUP 00-054 Meridian Police Station CUP 00-055 Sonntag Eye Associates PP 00-023 Autumn Faire #2 Subdivision AZ 00-023 Tuscany Lakes Subdivision CUP 00-052 Tuscany Lakes Subdivision PP 00-024 Tuscany Lakes Subdivision RZ 00-008 Devlin Place #2 Subdivision PP 00-025 Devlin Place #2 Subdivision Due fo the incorrect Notice of Public Hearings being published in the Idaho Statesman for the above listed projects, these projects have been rescheduled for Thursday, January 4, 2001 at 7:00 p.m. at the Council Chambers in the Meridian City Hall The notices will be re-noticed for the new public hearing date. These projects will need to be reported one week prior to the new hearing date. We are sorry for the inconvenience. Please contact me with any questions or concerns. Thank you for your cooperation. Sincerely <~%~i,~ William G. Berg, Jr. City Clerk --, ** TX CONF aTION REPORT ** DATE TIME TOiFROM 07 11127 14=05 PUBLIC ~JORKS 08 11127 14 07 208 888 6854 AS OF NOU 2 J0 14=10 PAGE. 01 CITY OF MERIDIAN MODE MINiSEC PGS CMDti STATUS OF--S 02'09" 007 036 OK EC--S 02'27" 007 036 OK Kt„s ~CE~,D ADA COUNTY HIGHWAY DISTRICT Nov 2 7 2000 ~'~ crrY of n~nr~v Planning and Development Division Development Application Report Preliminary plat -Devlin Place No. 2/MPP-00-025/MRZ-00-008 16-lots This application has been referred to ACRD by the City of Meridian for review and comment. Devlin Place No. 2 is a 16-lot residential subdivision on 5.17-acres. The applicant is requesting a rezone from Lr0 to R-4. The site is located at the terminus of Gemstone Drive and Higan Street. This :r ~•: development is estimated to generate 160 additional vehicle trips per day based on the Institute of ;~,,~ Transportation $ngineers Trip Generation manual. The existing coning could generate up to 440 trips .~ per day. Roads im acted b P y this development: Gemstone Drive Higan Street ACRD Commission Date - November 29, 2000 - 7:00 p.m. ~; '~ P°,,*` ~~ ~~* ~r-% .~ Devlin Place No. 2.cmm Page 1 i"^~ .. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on January 4, 2001, for the purpose of reviewing and considering the application of JUB Engineers for Rezone of 5.17 acres from L-0 to R-4 for proposed Devlin Place No. 2; Furthermore, the applicant also requests Preliminary Plat approval for 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone for proposed Devlin Place No. 2 generally located south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 12th day of December, 2000 ~~~~ ~- ~/~ / WILLIAM G. BERG, JR., IT CLERK ~~ PUBLISH December 1~th a i~ecemb~ th, ?000. ~. ~,, ,,r ~ , 4 ~.. ~. ,~'`t NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on January 4, 2001, for the purpose of reviewing and considering the applications of: Gem Star Properties for Preliminary Plat approval of 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for Autumn Faire Subdivision No. 2 generally located at Black Cat Road and Cherry Lane; Mountain West Bank for a Conditional Use Permit to construct a branch bank with adrive-thru teller in an L-O zone generally located west of Eagle Road, north of Magic View Drive; Brighton Corporation for a Conditional Use Permit for a sales and project information office in a temporary trailer in an R-4 zone in Ashford Greens No.4 at Black Cat Road and North Waggle Place; Lombard-Conrad for a Conditional Use Permit to construc# the new Meridian City Police Department in an R-8 zone generally located south of Franklin and west of Locust Grove Road; Johnson Architects for a Conditional Use Permit for temporary placement of an office trailer to serve as Sonntag Eye Associates office during construction generally located at Gentry Way and Allen Street; JUB Engineers for Rezone of 5.17 acres from L-O to R-4 for proposed Devlin Place Subdivision No. 2; furthermore, the applicant also requests Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone for proposed Devlin Place Subdivision No. 2 generally located south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms; Gem Park II Partnership for Annexation and Zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision; furthermore the applicant also requests Preliminary Ptat approval of 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone and a Conditional Use Permit to construct a planned residential development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision generally located south of Victory Road and west of Eagle Road; Potter Land Surveying for rezone of .25 acres from R-8 to C-G for general commercial use for proposed Tranquility Ponds generally located at East 3rd Street and Fairview Avenue; Hubble Engineering, Inc. for Annexation and Zoning of 20.20 acres from RT to C-G for proposed Sparrowhawk Subdivision; furthermore the applicant also requests Preliminary Plat approval of 3 building lots on 20.20 acres in a proposed C-G zone for proposed Sparrowhawk Subdivision generally located on the northeast corner of Nola Road and Franklin Road. PUBLISH December 15th and 29th, 2000 ~, NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on December 12, 2000 for the purpose of reviewing and considering the application of JUB Engineers for Rezone of 5.17 acres from Light OfFce to R-4 for proposed Devlin Place Subdivision No.2; Furthermore, the applicant also requests Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone for proposed Devlin Place Subdivision No.2 generally located south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms . A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 7th day of November, 2000 _ ~ WILLIAM G. BERG, J ., C Y CLERK \`,t~~11 ~ u rrrr~ rrNrr G PUBLISH November 24th and December 8th, 2000. ,~~ ,~o~ ~~ ~= ~~~~ ~` ~G\' T 15~ ' ~ '~ ~F ~ '. >~_ ~ `,~~ ~'~~~. c~t~~r~~ . ,,~~~ ~~~<!ffliitiitll`~~~L~ N. ~L ~~ vv i.nr KK r i ~i VICINITY MAP DEVLIN PLACE SUBDIVISION NO. 2 1" = 300' „i O 3 c.: a D a ~_ ~ V ~ ~ ~ ~ o', o 1 m O_ 7 ~- m~ ~~ ~ W N ~ O cD CO r I O C71 ~ W N ~ ~ o ,> Z i ~ m ? 1D a~ ~ cn 3 I ay d ~ ~ ~ ~ n m ° _ ~ ~,@! 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'o' m D ~ n a ~ y ` O ~ < `~ m ~ L ` ~ O m n ~ D ` ~ 7 30 y c <~ N ~ m a a _ a _ 4 ~ a ~. _a ~ , a_ = a_ ~ ~ n a 7 > > 7 7 ~ 7 _ ~ D ^ co ~ n~ n ~ ~~ O~ o d Q a a a n a a °~; ~ ~_ a'I O~ .A (O.J~ AI ~I ~I O~ lal ~I a o W ~ ~ c ? ~ ~ - ~ ~ N A N D n N. m I I I ~ x ~ ~ i I I I I __ _ w n G~.~ =_ n _~ ~ y y O ~ ~ ti ~' ~ ^ _ ~~ a o ~ // T N O` ~ O _ G ~ • ~ ~ N ~ ~ I I I N o~ ~ o~:'~ n .Z 0 ~ N .~ NOTICE OF HEARING .-~ NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on August 8, 2000, for the purpose of reviewing and considering the apptica#ions of: Gem Star Properties for Preliminary Plat approval of 16.4 acres with 30 building lots and 2 other lots in an R-4 zone for Autumn Faire Subdivision No. 2 generally located at Black Cat Road and Cherry Lane; Mountain West Bank for a Conditional Use Permit to construct a branch bank with adrive-thru teller in an L-O zone generally located in the Magic View Office Complex west of Eagle Road, north of Magic View Drive; B and a Development for a Conditional Use Permit to construct a 3-story, 87- room hotel for proposed Ameritel Inn in an L-O zone generally located at Eagle Road and Interstate-84; Brighton Corporation for a Conditional Use Permit for a sales and project information office in a temporary trailer currently in an R-3 zone in Ashford Greens No.4 at Black Cat Road and North Waggle Place; Lombard-Conrad for a Conditional Use Permit to construct the new Meridian City Police Department in an R-8 zone generally located south of Franklin and west of Locust Grove; Johnson Architects for a Conditional Use Permit for temporary placement of an office trailer to serve as Sonntag Eye Associates during construction generally located at Gentry Way and Allen Street; JUB Engineers for Rezone of 5.17 acres from Light Office to R-4 for proposed Devlin Place Subdivision No. 2; furthermore, the applicant requests Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone for proposed Devlin Place Subdivision No. 2 generally located south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms; Gem Park II Partnership for Annexation and Zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision; furthermore the applicant also requests Preliminary Plat approval of 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone and a Conditional Use Permit to construct a planned unit development consisting of 353 building lots and 39 other lots generally located at the southwest corner of Victory Road and Eagle Road for proposed Tuscany Lakes Subdivision. PUBLISH November 24th and December 8th, 2000